The Welfare of Animals at the Time of Killing (Scotland) Regulations 2012

Regulation 16

SCHEDULE 1 S ADDITIONAL REQUIREMENTS FOR SLAUGHTERHOUSES AND THE KILLING OF POULTRY, RABBITS OR HARES FOR DIRECT SUPPLY

Lairages (including field lairages) S

1.  The business operator of a slaughterhouse must ensure that a lairage has—

(a) where necessary, suitable equipment for tethering animals; and

(b) racks, mangers or other equipment adequate in number and size for the feeding of all animals confined in the lairage, fixed where practicable, and constructed and placed so that they are easily accessible to all the animals, can readily be filled and cannot readily be fouled.

Facilities for horses S

2.  Where a slaughterhouse is one in which horses are killed, the business operator must ensure that—

(a) a separate room or bay is provided for the killing of horses and no person may kill a horse except in that separate room or bay; and

(b) a lairage in which a horse is confined must contain at least one loose box which is so constructed as to minimise the danger of any horse injuring itself or any other animal confined in that lairage.

General requirements – handling operations S

3.—(1) The business operator of a slaughterhouse and any person engaged in the movement or lairaging of animals must ensure that—

(a) when unloaded, every animal is protected from adverse weather conditions and is provided with adequate ventilation;

(b) any animals which might injure each other on account of their species, sex, age or origin or for any other reason are kept and lairaged apart from each other;

(c) pending the killing of a sick or disabled animal in the slaughterhouse it is kept apart from any animal which is not sick or disabled; and

(d) no person drags an animal which has been stunned or slaughtered over any other animal which has not been stunned or slaughtered.

(2) The business operator of a slaughterhouse and any person engaged in the movement of animals must ensure that—

(a) care is taken not to frighten, excite or mistreat any animal;

(b) no animal is overturned;

(c) if an animal is not slaughtered immediately on arrival at the slaughterhouse it is lairaged; and

(d) without prejudice to paragraph 1.11 of Annex III, an animal which experienced pain during transport, or is experiencing pain on arrival at the slaughterhouse, or is too young to take solid feed, is slaughtered immediately;

(e) animals are moved with care and, when necessary, led individually; and

(f) animals are not led or driven over any ground or floor that is likely to cause the animal to trip or fall.

General requirements – restraining operations S

4.—(1) No person may stun or slaughter an animal without restraining it in an appropriate manner in such a way as to spare the animal avoidable pain, distress or suffering.

(2) Without prejudice to the generality of sub-paragraph (1), the business operator of a slaughterhouse and any person engaged in the stunning or slaughter of any animal must ensure that any animal which is to be stunned or slaughtered by mechanical means applied to the head is presented in such a position that the equipment can be applied and operated easily, accurately and for the appropriate time.

Restraining equipment S

5.—(1) Without prejudice to the generality of paragraph 7, no person may stun a large bovine animal in a slaughterhouse unless at the time it is stunned it is confined in a stunning pen or in a restraining pen which (in either case) is in good working order.

(2) No person may use, or cause or permit to be operated, any shackle line unless—

(a) each bird suspended from it is kept clear of any object which may cause it avoidable excitement, pain or suffering, including when its wings are outstretched, until it is stunned;

(b) it is possible to—

(i) relieve any avoidable excitement, pain or suffering when a bird suspended from a shackle appears to be in that condition; or

(ii) remove the bird from the shackle;

(c) the speed at which the shackle line is operated is such that any act or operation intended to be performed in relation to, or on, any bird suspended from it can be performed without undue haste and with proper regard for the welfare of the bird; and

(d) there is ready access to the shackle line and its controls.

Captive bolt device S

6.—(1) No person may use a captive bolt device to stun an animal unless—

(a) subject to [F1 sub-paragraphs (2) and (3)], the instrument is positioned and applied so as to ensure that the projectile enters the cerebral cortex; and

(b) the correct strength of cartridge or other propellant is used, in accordance with the manufacturer's instructions, to produce an effective stun.

(2) No person may shoot a bovine animal [F2 , other than a water buffalo,] in the back of the head.

(3) No person may shoot a sheep or goat in the back of the head, unless the presence of horns prevents use of the top or the front of its head, in which case it may be shot in the back of the head provided that—

(a) the shot is placed immediately behind the base of the horns and aimed towards the mouth; and

(b) the sheep or goat is slaughtered within 15 seconds of shooting.

Textual Amendments

F1 Words in sch. 1 para. 6(1)(a) substituted (19.5.2015) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2015 (S.S.I. 2015/161), regs. 1, 2(3)(a)

F2 Words in sch. 1 para. 6(2) inserted (19.5.2015) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2015 (S.S.I. 2015/161), regs. 1, 2(3)(b)

7.  A person who uses a captive bolt device must check that the bolt is retracted to its full extent after each shot and if it is not so retracted must ensure that the device is not used again until it has been repaired. S

Stunning by waterbath stunners S

8.  No person may use a waterbath stunner to stun poultry unless—

(a) the level of the water in the waterbath has been adjusted in order to ensure that there is good contact with each bird's head;

(b) it is adequate in size and depth for the type of poultry being slaughtered; and

(c) a person is available to ascertain whether it has been effective in stunning the birds and who, where it has not been effective, will either stun and slaughter or kill any bird without delay.

Gas [F3 killing] of pigs S

9.—(1) No person may [F4 kill] a pig by exposure to gas unless—

(a) the gas [F5 chamber] provided for that purpose, including any equipment used for conveying a pig through the gas mixture, is designed, constructed and maintained so as to enable each pig—

(i) to remain upright until it loses consciousness; and

(ii) to see other pigs as it is conveyed into the chamber;

(b) adequate lighting is provided in the gas [F6 chamber] and conveying mechanism to allow pigs to see other pigs or their surroundings;

(c) the gas [F7 chamber] is equipped to maintain the required gas concentration (in accordance with Table 3 of Chapter I of Annex I) in the gas [F7 chamber];

(d) there is a means of flushing the gas [F8 chamber] with atmospheric air with the minimum of delay; and

(e) there is a means of access to any pig with the minimum of delay.

(2) The business operator of a slaughterhouse and any person engaged in the [F9 killing] of pigs by exposure to gas must ensure that—

(a) no pig enters the gas chamber if the displayed concentration by volume of carbon dioxide falls below the required gas concentration; and

(b) no pig is allowed to pass through or allowed to remain in the chamber at any time when the visible and audible warning signals have been activated or when there is any defect in the operation of the chamber.

Textual Amendments

F3 Word in sch. 1 para. 9 substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(a)(i)

F4 Word in sch. 1 para. 9(1) substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(a)(ii)

F5 Word in sch. 1 para. 9(1)(a) substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(a)(iii)

F6 Word in sch. 1 para. 9(1)(b) substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(a)(iv)

F7 Word in sch. 1 para. 9(1)(c) substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(a)(v)

F8 Word in sch. 1 para. 9(1)(d) substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(a)(vi)

F9 Word in sch. 1 para. 9(2) substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(a)(vii)

10.  In the case of [F10 killing] by exposure to gas mixture 1 in Table 3 of Chapter I of Annex I (“carbon dioxide at high concentration”), once a pig enters the gas [F11 chamber] it must be conveyed to the point in the gas [F11 chamber] of maximum concentration of the gas mixture within a maximum period of 30 seconds. S

Textual Amendments

F10 Word in sch. 1 para. 10 substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(b)(i)

F11 Word in sch. 1 para. 10 substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(b)(ii)

Gas [F12 killing] of poultry S

11.—(1) No person may [F13 kill] poultry by exposure to gas unless—

(a) the gas [F14 chamber] provided for that purpose, including any equipment used for conveying poultry through the gas mixture, is—

(i) designed, constructed and maintained so that once a bird enters the chamber it is conveyed to the point of maximum concentration of the gas mixture within a maximum period of 10 seconds;

(ii) equipped to maintain the required gas concentration (in accordance with Table 3 of Chapter I of Annex I) in the gas [F14 chamber]; and

(iii) fitted with a means of visually monitoring the poultry;

(b) there is a means of flushing the gas [F15 chamber] with atmospheric air with the minimum of delay;

(c) there is a means of access to the poultry with the minimum of delay; and

(d) birds are exposed to the gas mixture for long enough to ensure they are [F16 killed];

[F17 (2) The business operator of a slaughterhouse and any person engaged in the killing of poultry by exposure to gas must ensure that no bird is allowed—

(a) to enter the chamber if the displayed concentration of oxygen is above 2% by volume or the displayed concentration of carbon dioxide is above 30% by volume; and

(b) to pass through, or allowed to remain in, the chamber at any time when the visible and audible warning signals have been activated or when there is any defect in the operation of the chamber.]

Textual Amendments

F12 Word in sch. 1 para. 11 substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(c)(i)

F13 Word in sch. 1 para. 11(1) substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(c)(ii)

F14 Word in sch. 1 para. 11(1)(a) substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(c)(iii)

F15 Word in sch. 1 para. 11(1)(b) substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(c)(iv)

F16 Word in sch. 1 para. 11(1)(d) substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(c)(v)

F17 sch. 1 para. 11(2) substituted for sch. 1 para. 11(2)(3) (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(3)(c)(vi)

Bleeding S

12.—(1) Without prejudice to the generality of paragraph 3.2 of Annex III, if an animal is bled after simple stunning, no person may cause or permit any further dressing procedure or any electrical stimulation to be performed on the animal before the bleeding has ended and in any event not before the expiry of—

(a) in the case of a turkey or goose, a period of not less than 2 minutes;

(b) in the case of any other bird, a period of not less than 90 seconds;

(c) in the case of bovine animals, a period of not less than 30 seconds; or

(d) in the case of sheep, goats, pigs and deer, a period of not less than 20 seconds.

(2) Sub-paragraph (1) does not apply to an animal which has been pithed.

Killing of horses S

13.  No person may kill a horse within sight of any other horse.

Regulation 22(1)(c)

SCHEDULE 2 S PROVISIONS OF THE EU REGULATION

Column 1 Provision in EU Regulation containing welfare requirement	Column 2 Subject matter
Article 3(1)	General requirement to spare an animal avoidable pain, distress or suffering.
Article 3(2)	Measures necessary to ensure animals are protected from avoidable pain, distress or suffering.
Article 3(3)	Facilities for killing and related operations.
Article 4(1) and Annex I	Stunning methods.
Article 5(1)	Checks on stunning.
Article 5(2)	Checks on animals slaughtered in accordance with religious rites.
Article 6(1) and (2)	Standard operating procedures.
Article 7(1)	Level of competence.
Article 7(2)	Certificate of competence.
Article 7(3)	Killing of fur animals.
Article 8	Sale of restraining or stunning equipment.
Article 9(1)	Maintenance of restraining and stunning equipment.
Article 9(2)	Back up stunning equipment.
Article 9(3)	Placing of animals in restraining equipment.
Article 12	Meat imported from third countries.
Article 14(1) and Annex II	Layout and construction of slaughterhouses and the equipment used.
Article 15(1) and Annex III	Handling and restraining operations.
Article 15(2)	Restraint of animals slaughtered in accordance with religious rites.
Article 15(3)	Prohibited methods of restraint.
Article 16(1) to (4)	Monitoring procedures.
Article 17(1) to (5)	Animal Welfare Officer.
Article 19	Emergency killing.

Regulation 27

SCHEDULE 3 S TRANSITIONAL PROVISIONS

Unloading equipment S

1.  The business operator must ensure that suitable equipment and facilities are available for the purpose of unloading animals from means of transport.

Animals delivered other than in containers S

2.  The business operator must ensure that—

(a) equipment for unloading animals is of a suitable height and design for that purpose, has non-slip flooring and, if necessary, is provided with lateral protection;

(b) any bridge, ramp or gangway is fitted with sides, railings or some other means of protection to prevent animals falling off it;

(c) any exit and entry ramp has the minimum possible incline; and

(d) all passageways are so constructed as to minimise the risk of injury to an animal and so arranged as to take account of the gregarious tendencies of the animals which use them.

Lairages other than field lairages S

3.  The business operator must ensure that—

(a) the premises are equipped with a sufficient number of pens for adequate lairaging of the animals with protection from the effects of adverse weather conditions;

(b) a lairage (other than a field lairage) has—

(i) a floor which minimises the risk of slipping and which does not cause injury to any animal which is in contact with it;

(ii) adequate ventilation to ensure that temperature, air relative humidity and ammonia levels are kept within limits that are not harmful to any animal, taking into account the extremes of temperature and humidity which may be expected;

(iii) where such ventilation is provided other than naturally, a replacement means of maintaining adequate ventilation available for use if the original source of ventilation fails;

(iv) adequate lighting (whether fixed or portable) to enable the animals to be thoroughly inspected at any time;

(v) drinking facilities adequate in number and size for the watering of all animals confined in the lairage, fixed where practicable, and so constructed and placed that they are easily accessible to all the animals, can readily be filled and cannot readily be fouled; and

(vi) an adequate supply of suitable bedding material for all animals kept in the lairage overnight, unless the lairage has a slatted or mesh floor.

Field lairages S

4.  The business operator must ensure that a field lairage—

(a) if it is without natural shelter or shade and is used during adverse weather conditions, has appropriate protection against such conditions for any animal using it; and

(b) has drinking facilities adequate in number and size for the watering of all animals confined in the lairage, fixed where practicable, and so constructed and placed that they are easily accessible to all the animals, can readily be filled and cannot readily be fouled.

Electrical stunning equipment S

5.  No person may use electrodes to stun an animal individually unless the apparatus—

(a) incorporates a device which—

(i) measures the impedance of the load; and

(ii) prevents operation of the apparatus unless a current can be passed which is sufficient to render an animal of the species being stunned unconscious until it is dead;

(b) incorporates an audible or visible device indicating the length of time of its application to an animal; and

(c) is connected to a device indicating the voltage and the current under load, positioned so as to be clearly visible to the operator.

Gas stunning equipment for pigs S

6.  No person may stun a pig by exposure to gas unless the gas stunner provided for that purpose, including equipment used for conveying the pig through the gas mixture, is—

(a) designed, constructed and maintained so as to—

(i) avoid injury to the pig; and

(ii) avoid compression of the chest of the pig; and

(b) equipped to—

(i) measure and continuously display the required gas concentration (set out in Table 3 of Chapter I of Annex I); and

(ii) give clearly visible and audible warning signals if the concentration of gas falls below the required level in Table 3 of Chapter I of Annex I.

Gas stunning equipment for poultry S

7.  No person may stun poultry by exposure to gas unless the gas stunner provided for that purpose, including any equipment used for conveying poultry through the gas mixture, is—

(a) designed, constructed and maintained so as to avoid injury to the poultry; and

(b) equipped to—

(i) measure and continuously display the required gas concentration (set out in Table 3 of Chapter I of Annex I); and

(ii) give clearly visible and audible warning signals if the concentration of gas falls below the required level in Table 3 of Chapter I of Annex I.

Shackle lines S

8.  The business operator must ensure that—

(a) any shackle line is designed and positioned in such a way that—

(i) any bird suspended on it is kept clear of any obstruction; and

(ii) disturbance is reduced to a minimum;

(b) the whole length of the shackle line up to the point of entry into the scald tank is immediately accessible to any person so that any bird may, if necessary, receive attention; and

(c) there is ready access to any processing equipment used for live birds and to any controls of such equipment.

Regulation 28

SCHEDULE 4 S CONSEQUENTIAL AMENDMENTS

Slaughter of Animals (Scotland) Act 1980 S

1.  In the 1980 Act—

(a) in section 19(1), for “sections 7 and 14, and any regulations made under section 9,” substitute “ section 7 ”; and

(b) in section 21, omit “14”.

The Foot-and-Mouth Disease (Scotland) Order 2006 S

2.  In article 2 of the Foot-and-Mouth Disease (Scotland) Order 2006 M1 in the definition of “slaughter”, for “killing within the meaning of that term in the Welfare of Animals (Slaughter or Killing) Regulations 1995” substitute “ causing the death of an animal by any process other than slaughter ”.

Marginal Citations

M1 S.S.I. 2006/44.

The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 S

3.  In regulation 2(1) of the Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 M2 , in the definition of “slaughter”, for “killing within the meaning of that term in the Welfare of Animals (Slaughter or Killing) Regulations 1995” substitute “ causing the death of an animal by any process other than slaughter ”.

Marginal Citations

M2 S.S.I. 2006/45.

The Meat (Official Controls Charges) (Scotland) Regulations 2009 S

4.  In regulation 2(1) of the Meat (Official Controls Charges) (Scotland) Regulations 2009 M3 , in the definition of “controls”, for “insofar as they apply in relation to animals slaughtered there for human consumption” substitute “ and the Welfare of Animals at Time of Killing (Scotland) Regulations 2012 ”.

Marginal Citations

M3 S.S.I. 2009/262.

Regulation 29

SCHEDULE 5 S

PART 1 S REPEALS

Column 1Chapter	Column 2Title	Column 3Extent of repeal
1967 c.24	Slaughter of Poultry Act 1967	The whole Act.
1980 c.13	Slaughter of Animals (Scotland) Act 1980	Section 9 Section 14(1) to (3) Section 19(1A) and (1B) Section 19A Section 20
1984 c.40	Animal Health and Welfare Act 1984	Section 6 Section 7 Section 8 Section 9
1991 c.30	Welfare of Animals at Slaughter Act 1991	Section 4(2) Section 5(2)
1994 c.40	Deregulation and Contracting Out Act 1994	Paragraphs 1, [F18 3] and 5 of Schedule 9

Textual Amendments

F18 Word in sch. 5 Pt. 1 substituted (1.1.2013) by The Welfare of Animals at the Time of Killing (Scotland) Amendment Regulations 2012 (S.S.I. 2012/355), regs. 1, 2(4)

PART 2 S REVOCATIONS

Column 1Reference	Column 2Title	Column 3Extent of revocation
S.I. 1996/2235	The Deregulation (Slaughterhouses Act 1974 and Slaughter of Animals (Scotland) Act 1980) Order 1996	Article 9(3) and (4)
S.I. 1999/400	The Welfare of Animals (Slaughter or Killing) (Amendment) Regulations 1999	Regulation 2(4)
S.I. 1999/1820	The Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999	Paragraphs 40 and 62 of Part I of Schedule 2 Paragraph 158 of Part II of Schedule 2
S.S.I. 2000/62	The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000	Regulation 10(3) and Schedule 8, Part III
S.S.I. 2006/536	The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2006	Paragraph 1 of Schedule 2