2007 No. 1029 (W.96)
The National Assembly for Wales being, in relation to Wales, the appropriate national authority for the purpose of exercising the powers conferred by section 5(4) of the Animal Welfare Act 2006,makes the following Regulations in exercise of those powers.
In accordance with section 5(5) of that Act, the Assembly has consulted those persons appearing to it to represent interests with which these Regulations are concerned as it considered appropriate.
S-1
Title, commencement and applicationTitle, commencement and application
1. The title of these Regulations is the Mutilations (Permitted Procedures) (Wales) Regulations 2007. They apply in relation to Wales and come into force on 28 March 2007.
Interpretation
2. In these Regulations—
“the Act” (“y Ddeddf”) means the Animal Welfare Act 2006;
“cattle” (“gwartheg”) means all animals of the bovine species including bison and buffalo;
“desnooding” (“torri crogrib”) means removal of a turkey’s snood;
“disbudding” (“dadimpio”) means removal of the horn bud of cattle, goats or sheep;
“domestic fowl” (“ffowlyn domestig”) means a domesticated member of the species gallus gallus;
“dubbing” (“torri crib”) means removal of the comb of a domestic fowl;
“farmed” (“a ffermir”) means an animal bred or kept for the production of food, wool or skin or for other farming purposes;
“horses” (“ceffylau”) includes ponies, asses, donkeys, jennets and mules;
“in velvet” (“yn bwrw eu melfed”) 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” (“iâr ddodwy”) 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” (“dofednod”) means domestic fowl, turkeys, geese, ducks, guinea fowl, quails, pheasants and partridges;
“prohibited procedure” (“triniaeth waharddedig”) 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” (“offeryn addas”) 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.
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Exceptions to the prohibition on mutilationsExceptions to the prohibition on mutilations
3. Section 5(1) and (2) of the Act does not apply to a procedure listed in Schedule 1, providing that the procedure 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;
(c) in hygienic conditions; and
(d) in accordance with good practice.
Performance of prohibited procedures in an emergency
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 protected 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.
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Persons who may carry out permitted proceduresPersons who may carry out permitted procedures
5.—(1) Any procedure permitted under regulation 3 may only be carried out by a veterinary surgeon or any other person permitted to carry out that procedure under the Veterinary Surgeons Act 1966or the Veterinary Surgeons (Exemptions) Order 1962.
(2) The restriction in paragraph (1) does not apply to—
(a)
(a) tail docking, or
(b)
(b) castration
of pigs aged not more than 7 days.
D. Elis-Thomas
SCHEDULE 1
Regulation 3
PERMITTED PROCEDURES
Cattle
Identification Procedures:
Ear clipping.
Ear notching.
Ear tagging.
Freeze branding.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Embryo collection or transfer by a surgical method.
Implantation of a subcutaneous contraceptive.
Ovum transplantation, including ovum collection, by a surgical method.
Vasectomy.
Other Management Procedures:
Dehorning.
Disbudding.
Nose ringing.
Removal of supernumerary teats.
Pigs
Identification Procedures:
Ear clipping.
Ear notching.
Ear tagging.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Implantation of a subcutaneous contraceptive.
Vasectomy.
Other Management Procedures:
Nose ringing.
Tail docking.
Tooth reduction.
Tusk trimming.
Birds
Identification Procedures:
Micro-chipping.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Implantation of a subcutaneous contraceptive.
Ovidectomy.
Vasectomy.
Other Management Procedures:
Beak trimming of poultry.
Desnooding.
De-toeing of domestic fowl and turkeys.
Dubbing.
Laparoscopy.
Wing pinioning.
Sheep
Identification Procedures:
Ear clipping.
Ear notching.
Ear tagging.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Implantation of a subcutaneous contraceptive.
Vasectomy.
Other Management Procedures:
Dehorning.
Disbudding.
Removal of the insensitive tip of the horn.
Tail docking.
Goats
Identification Procedures:
Ear clipping.
Ear notching.
Ear tagging.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Implantation of a subcutaneous contraceptive.
Vasectomy.
Other Management Procedures:
Dehorning.
Disbudding.
Removal of the insensitive tip of the horn.
Horses
Identification Procedures:
Freeze branding.
Hot branding.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Vasectomy.
Deer
Identification Procedures:
Ear clipping.
Ear notching.
Ear tagging.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Implantation of a subcutaneous contraceptive.
Vasectomy.
Other Management Procedures:
Removal of antlers that are not in velvet.
Other species
Identification Procedures:
Ear clipping.
Ear notching.
Ear tipping of feral cats.
Insertion of subcutaneous tracking devices.
Tagging.
Chemical branding of fish.
Freeze branding of fish.
Micro-chipping.
Removal or perforation of parts of fishes' fins, adipose fins or fin rays.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Embryo collection or transfer by a surgical method.
Implantation of a subcutaneous contraceptive.
Ovum transplantation, including ovum collection, by a surgical method.
Spaying.
Vasectomy.
Other Management Procedures:
Laparoscopy.
Removal of the dew claws of dogs.
Removal of fish scales.
SCHEDULE 2
Regulation 3
CATTLE: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES
When carried out on cattle, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.
1. Castration
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 may only be carried out on an animal aged not more than 7 days.
When any other method is used, an anaesthetic must be administered where the animal is aged 2 months or over.
2. Embryo collection or transfer by a surgical method
An anaesthetic must be administered.
3. Implantation of a subcutaneous contraceptive
The procedure may not be carried out on a farmed animal.
The procedure may only be carried out as part of a conservation breeding programme.
4. Ovum transplantation, including ovum collection, by a surgical method
An anaesthetic must be administered.
5. Vasectomy
An anaesthetic must be administered.
6. Dehorning
An anaesthetic must be administered.
7. Disbudding
The procedure may only be carried out on an animal aged not more than 6 months.
When the method used is chemical cauterisation, the procedure may only be carried out on an animal aged not more than 7 days.
When any other method is used an anaesthetic must be administered.
8. Removal of supernumerary teats
An anaesthetic must be administered where the animal is aged 3 months or over.
SCHEDULE 3
Regulation 3
PIGS: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES
When carried out on a pig, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.
1. Castration
The method used must not involve the tearing of tissues.
An anaesthetic and additional prolonged analgesia must be administered where the animal is aged 7 days or over.
2. Implantation of a subcutaneous contraceptive
The procedure may not be carried out on a farmed animal.
The procedure may only be carried out as part of a conservation breeding programme.
3. Vasectomy
An anaesthetic must be administered.
4. Nose ringing
The procedure may only be carried out on an animal that is not kept continuously in an indoor husbandry system.
5. Tail docking
The procedure may 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.
The method used must involve...
