welfare leglistaltion Flashcards
what is the animal wefare act 2006
covers all domestic animals including vertebrates
is an offence to cause an animal unnecessary suffering
duty of care on owners to ensure the welfare of their animals
what other acts are geneeral animals covered by
-welfare of animals tranposrt order 2006 (all domestic animals including vertebrate and cold blooded invertebrate animals )
-mutilations 2007
-animal welfare sentience act 2022 ( animal sentience enshrined in UK law, all vertebrates and some invertebrates)
What acts are farm animals protected by
-animal welfare act 2006
-welfarre of farmed animals regulations 2007 (prevents unnecessary suffering and specific requirements for ensuring welfare)
- mutilations 2008 (all mutilations are banned under animal welfare act but some allowed under this like castration, dehorning, disbudding..)
-welfare of animals at time of killing
- welfare of animals markets order 1990 (welfare when selling)
what are lab animals protected by
animal scientific procedures act
what are companion animals protected by
animal welfare act 2006
mutilations 2007
dangerous dogs act 1991
pet animals act 1952
animal boarding establishments act
breeding of dogs act 1973, 1991
breeding and sale of dogs welfare act 1999
what are wildlife animals protected by
wildlife and countryside act 1981
dangerous wild animals act 1976
what are circuses and zoo animals protected by
performing animals act 1925
zoo licensing act 1981
how are vets involved with animal legislation
- hav eprofessional responsibility to know animal welfare
-advise your clients
-professional witness in court - enforcement authority (DEFRA and RSPCA)
-policy development
-expert witness
where to find legislation and codes of england for animal welfare
https://www.gov.uk/animal-welfare
what are welfare codes
booklets that contain relevant legislation for keeping specific species
- set out legal standards and mean failure to comply with law subject to preosecution
tell best practice advice but not the law
- guidance on maintiaining high standards of husbandry
- failure to comply can be used to back up prosecution
- require updating
WHat is the FAWC
farm animal welfare committee
formed in 1979
independent government advisory body
review welfare of farm animals on land, at market, in transit and slaughter
publishes independently, recommendations to government can be implemented by legislation and welfare codes
what does brexit mean for welfare legislation
uk free to change its own animal welfare laws (raise or lower standards)
but welfare standards impact on trade and trade negotiations so new trade agreements could lead to downward pressure on uk standards to remain competitive
WHat does animal welfare sentience act 2022 mean and include
- response to brexit
- repsonse to development in animal welfare science on sentience of fish and crustaceans and cephalopods
- ministers must give all due regard to possible negative impacts of new legislation on animal welfare, leaving scope for ministers to conclude that other factors outweigh animal welfare considerations
What did animal welfare act 2006 introduce
introduced a duty of care on owners of all vertebrate animals to ensure the welfare of animals in their care. Those responsible for the enforcement of welfare laws can take action if an owner is not taking all reasonable steps to ensure the welfare of their animal even if it is not currently suffering
what animals are protected by the animal welfare act 2006
vertebrate animals other than man that are:
- commonly domesticated in the british isles
- under control of man permanently or temporarily
- not living in a wild state
labarotory animals not included as protected by scientific procedures act
who has responsibility for animals in the animal welfare act 2006
owners
those in charge of animals permanently or tempoaraiiy
parents or guardians of under 16 year olds (not kids)
how does the animal welfare act 2006 prevent harm
- stops offences (unnecessary suffering section 4)
= act/failure to act causes unnecessary suffering to a protected animal
reasonable knowledge that act/failure to would cause suffering
didn’t prefent actions of others that caused suffering - stops administration of poisions
- fighting
What is unnecessary suffering
- if conduct wasn’t for a legitimate purpose e.g. benefits the animal (vet treatment) , protecting person, property or other animal
- suffereing not proportionate to purpose conduct concerend
- if suffering could have been avoided or reduced
- conduct by a reasonaly competent and humane person
what are mutilations
carrying out a procedure on an animal which involves interference with
the sensitive tissues or bone structure of the animal, other than for medical
treatment
what mutilations are banned
ear cropping, tail docking in dogs (except medical treatment, or certain working dogs)
not banned = spaying, castration, dehorning
what is the duty to ensure welfare (section 9 in animal welfare act 2006)
states it is an offence for person responsible not to take reasonable steps to ensure needs of animal are met in accordance with good practice, including:
-suitable environment
-diet
-ability to exhibit normal behaviour
- housing with/away other animals
-protection from suffering, injury and disease
porvsion for licensing or registration of activities involving animals , prohibition of sale to animals to children under 16
can’t give animals as prizes
what are the different enforcement powers
Formal Powers of Enforcement, Animal Health Plant Agency ,
Local Authority Officers (Trading Standards), Police
* RSPCA or other welfare charities investigate and bring
prosecutions under this act also but no formal powers. If
want to seize, enter or search premises, they need the
owner’s consent. If no consent need to be accompanied by
one of above (police)
* Police will also prosecute, especially if severe case, especially
if links to human abuse or sexual abuse or organised gangs or
violence
what is a care/improvement notice under the animal welfare act 2006
– If responsible person failing to secure welfare of
an animal, inspector may serve care notice
– Notice specifies nature of failure, steps required
for rectification and compliance period
– No offence if recommended steps are taken
When/ what does taking possession of animals include
if suffering/likely to suffer if circumstances do not
change, with veterinary certificate or without if
reasonable in the circumstances
can include dependent offspring
can care for where found or at other appropriate place
powers of entry to search for protected animals
Can an animal be destroyed under the animal welfare act 2006
By inspector/constable with veterinary certificate, or
without veterinary certificate if reasonable in the
circumstances
what can enforecement powers do under the animal welfare act 2006
- Seizure of animals involved in fighting
- Entry and search under warrant/for arrest
- Inspection in connection with
licences/registration
– Compliance
– Records - Inspection of farm premises
- Prosecution
What can happen post-conviction
Imprisonment or fine
– Term up to five years, fine
* Deprivation orders
– Animals removed
* Disqualification orders
– Owning or keeping animals
* Seizure orders where disqualification breached
* Termination/variation of disqualification – court
decides, appeals also allowed
How are farm animals protected by legislation
On Farm
– Animal Welfare (Sentience) Act 2022
– Animal Welfare Act 2006
– Welfare of Farm Animals Regulations 2007
– Mutilations Permitted Procedures
– Welfare of Animals During Transport Order 2006 (EU
Council Regulation (EC) 1/2005)
* Market
– Welfare of Animals at Market
* Slaughter
– Welfare of Animals at Time of Killing 2013 (Public Health )
sources of poor farm animal welfare
Cruelty (Animal Abuse)
* Neglect
* Farming systems
– Intensive
– Production Diseases
– Deprived Environments
– Volume driven markets-
– ie cheap food
what is the aim of welfare legislation
Prevention of deliberate, acts of cruelty
– UNNECCESSARY SUFFERING
* Measures to ensure reasonable quality of life of
animals
– DETERMINING WELFARE STANDARDS TO WHICH
ANIMALS MUST BE KEPT
current challenges with farm animal welfare
Concern that new free trade deals will mean that UK will accept
animal products from countries with lower welfare standards
– Bad for consumer
– Welfare often costs money, undermine our own farms
competitiveness
– Concern that create downward pressure to compete in global markets
– Currently UK government says, no, this will not happen
* Continued Intensification
* New food species.. Aquaculture…
* Global Trade (new diseases and animal movement)
* Climate Change
* Population Growth
* Food Security Issues- balance animal welfare, availability of
affordable food
What are the general requirements for welfare of farmed animals regulations 2007
– The welfare of animals under their care
– That animals are not caused unnecessary pain unnecessary
suffering
– Staff - trained competent
– Frequency of inspection
– Bedding well maintained and dry, well drained lying area
– Ill injured animals treated without delay, veterinary advice
sought
– Record keeping – MORTALITY / MEDICINES
– Freedom of movement
– Buildings equipment clean not cause injury
– Feed and water
– Breeding practices
most common reasoin farmers fall short of the farm animals regulations
not getting veterinary advice asap, so injured animals are treated with delay
where to find farmed animals regulations 2007
https://www.legislation.gov.uk/uksi/2007/2078/contents/made
separate additional ones for species that is being continuosly updated as EU/UK legislation changes
2012 changes to battery changes
what are the rules around calves castration
– Calves over 2 months require anaesthetic
– Rubber rings first week of life only
– Calves over 2 months must be castrated by vet
– Calves under 2 months may be castrated by trained competent
person using a bloodless castrator (Burdizzo)