The Mutilations (Permitted Procedures) (England) Regulations 2007

Title, commencement and applicationE+W

1.  These Regulations—

(a)may be cited as the Mutilations (Permitted Procedures) (England) Regulations 2007;

(b)come into force on 6th April 2007;

(c)apply in England only.

InterpretationE+W

2.  In these Regulations—

“the Act” means the Animal Welfare Act 2006;

“cattle” means all animals of the bovine species including bison and buffalo;

[F1“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 poultrymeat;

(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;]

“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” includes 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 production of eggs not intended for hatching;

“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, otherwise than for the purpose of its medical treatment;

“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.

Textual Amendments

Exceptions to the prohibition on mutilationsE+W

3.  Section 5(1) and (2) of the Act does not apply to a procedure listed in Schedule 1, providing it 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;

[F2(c)in hygienic conditions;

(d)in accordance with good practice; and

(e)in accordance with regulation 5, where applicable]

Textual Amendments

Performance of prohibited procedures in an emergencyE+W

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 F3... animal.

(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.

Textual Amendments

Persons who may carry out permitted proceduresE+W

[F45.—(1) Any procedure permitted under regulation 3 to which the Veterinary Surgeons Act 1966(1) or the Veterinary Surgeons (Exemptions) Order 1962 applies, with the exception of the procedures referred to in paragraph (2), may only be carried out by a person permitted to carry it out under that legislation.

(2) Tail docking, or castration, of pigs may only be carried out by a veterinary surgeon or, where the animal is aged not more than 7 days, by a person experienced in performing the techniques involved and who is either a person responsible for the animal or a person employed or engaged by such a person to attend to the animal.]

Textual Amendments

Barry Gardiner

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs