S.I. No. 114/1995 - European Communities (Protection of Animals At Time of Slaughter) Regulations, 1995.

1. To kill any living embryos instantaneously, all hatchery waste shall be treated by the mechanical apparatus mentioned in paragraph 1 of Section II.

2. However, the Minister may permit the use of other scientifically recognised killing methods provided that they comply with the general provisions of Regulation 4.

GIVEN under my Official Seal, this 4th day of May, 1995.

IVAN YATES,

Minister for Agriculture, Food and

Forestry.

EXPLANATORY NOTE.

These Regulations lay down standards for the protection of animals at the time of slaughter or killing and give effect to Council Directive No. 93/119/EC of 22 December 1993. The Regulations set out in the rules for the treatment of animals prior to death and for humane methods of slaughtering and killing animals both within slaughterhouses and in other locations such as farms in order to ensure that animals are spared avoidable pain and suffering.

3. However, the Minister may permit the use of other scientifically recognised killing methods provided that they comply with the general provisions of Regulation 4.

II.

Specific requirements.

1.

Use of a mechanical apparatus producing rapid death.

(

a

) The animals shall be killed by an apparatus which contains rapidly rotating mechanically operated killing blades or expanded polystyrene projections.

(

b

) The capacity of the apparatus shall be sufficient to ensure that all animals are killed immediately, even if they are handled in large numbers.

2.

Exposure to carbon dioxide.

(

a

) The animals shall be placed in an atmosphere with the highest obtainable concentration of carbon dioxide, supplied by a source of 100% carbon dioxide.

(

b

) The animals shall remain in this atmosphere until they are dead.

III.

Permitted method of the killing of embryos.

4. Exposure to carbon monoxide.

5. Exposure to chloroform.

6. Exposure to carbon dioxide.

The Minister shall decide on the most appropraite method of killing for the different species concerned in compliance with the general provisions of Regulation 4.

II.

Specific requirements.

1.

Mechanically-operated instruments which penetrate the brain.

(

a

) Instruments shall be positioned so as to ensure that the projectile enters the cerebral cortex.

(

b

) This method is permitted only if it is followed by immediate bleeding.

2.

Injection of an overdose of a drug with anaesthetic properties.

Only those anaesthetics, doses and applications which cause immediate loss of consciousness followed by death may be used.

3.

Electrocution with cardiac arrest.

Electrodes shall be placed so that they span the brain and the heart and the minimum current level used shall lead to immediate loss of consciousness and cardiac arrest. However, for foxes, where electrodes are applied to the mouth and rectum, a current of an average value of 0.3 amps shall be applied for at least 3 seconds.

4.

Exposure to carbon monoxide.

(

a

) The chamber in which the animals are exposed to the gas shall be designed, constructed and maintained in such a way as to avoid injury to the animals and allow them to be supervised.

(

b

) The animals shall be introduced into the chamber only after it has been filled with a concentration of carbon monoxide of at least 1% by volume, supplied by a source of 100% carbon monoxide.

(

c

) The gas produced by an engine specially adapted for that purpose may be used to kill mustelids and chinchillas provided that tests have shown that the gas used

(i) has been suitably cooled,

(ii) has been sufficiently filtered,

(iii) is free from any irritant matter or gas.

The animals cannot be placed in the chamber until the concentration of carbon monoxide has reached at least 1% by volume.

(

d

) When inhaled the gas shall first induce deep general anaesthesia and shall then cause certain death.

(

e

) The animals shall remain in the chamber until they are dead.

5.

Exposure to chloroform.

Exposure to chloroform may be used to kill chinchillas provided that

(

a

) the chamber in which the animals are exposed to the gas is designed, constructed and maintained in such a way as to avoid injury to the animals and allow them to be supervised;

(

b

) the animals are introduced into the chamber only if it contains a saturated chloroform-air compound;

(

c

) when inhaled, the gas first induces deep general anaesthesia and then causes certain death;

(

d

) the animals remain in the chamber until they are dead.

6.

Exposure to carbon dioxide.

Carbon dioxide may be used to kill mustelids and chinchillas provided that

(

a

) the chamber in which the animals are exposed to the gas is designed, constructed and maintained in such a way as to avoid injury to the animals and allow them to be supervised;

(

b

) the animals are introduced into the chamber only when the atmosphere contains the highest possible concentration of carbon dioxide supplied by a source of 100% carbon dioxide;

(

c

) when inhaled, the gas first induces deep general anaesthesia and then causes certain death;

(

d

) the animals remain in the chamber until they are dead.

SEVENTH SCHEDULE.

Regulation 8.

KILLING OF SURPLUS CHICKS AND EMBRYOS IN HATCHERY WASTE.

I.

Permitted methods for the killing of chicks.

7. In addition to complying with requirements already laid down in Community rules, lairages shall have

(

a

) floors which minimise the risk of slipping and which do not cause injury to animals in contact with them,

(

b

) adequate ventilation, taking into account the extremes of temperature and humidity which may be expected. Where mechanical means of ventilation are required, provision shall be made for emergency back-up facilities in the event of breakdown,

(

c

) artificial lighting at a level sufficient to permit inspection of all animals at any time; if necessary, adequate back-up lighting shall be available,

(

d

) where necessary, equipment for tethering animals,

(

e

) where necessary, adequate supplies of a suitable bedding material for all animals kept in the lairage overnight.

8. Where, in addition to the lairages referred to above, slaughterhouses, also have field lairages without natural shelter or shade, appropriate protection from adverse weather shall be provided. Field lairages shall be maintained in such condition as to ensure that animals are not subjected to physical, chemical or other health hazards.

9. Animals which are not taken directly upon arrival to the place of slaughter shall have drinking water available to them from appropriate facilities at all times. Animals which have not been slaughtered within 24 hours of their arrival shall be fed, and shall subsequently be given moderate amounts of food at appropriate intervals.

10. Animals which are kept for 24 hours or more at a slaughterhouse shall be lairaged and, where appropriate, tethered, in such a way that they can lie down and feed without difficulty. Where animals are not tethered, food shall be provided in a way which will permit the animals to feed undisturbed.

III.

Requirements for animals delivered in containers.

I, IVAN YATES, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by

sections 3

of the

European Communities Act, 1972

(No. 27 of 1972), and for the purpose of giving effect to Council Directive 93/119/EC

(1)

of 22 December 1993 hereby make the following Regulations

PART I. PRELIMINARY.

1 Title and Commencement.

1.

(1) These Regulations may be cited as the European Communities (Protection of Animals at Time of Slaughter) Regulations, 1995.

(2) These Regulations shall come into operation on the first day of June, 1995.

2 Interpretation.

2.

(1) In these Regulations-

"authorised officer" means—

(

a

) a person who is an authorised officer within the meaning of the

Abattoirs Act, 1988

(No. 8 of 1988),

(

b

) a person who is an inspector within the meaning of the

Pigs and Bacon Act, 1935

(No. 24 of 1935),

(

c

) a person who is an inspector within the meaning of the Agriculture Produce (Fresh Meat) Act, 1930 (No. 10 of 1930),

(

d

) a person who for the time being stands appointed under Regulation 12 of these Regulations;

(1)

O.J. No. L 340 of 31.12.1993, p. 21.

"the Council Directive" means Council Directive No. 93/119/EC of 22 December 1993;

"local authority" means the council of a county or the corporation of a county borough;

"the Minister" means the Minister for Agriculture, Food and Forestry;

"premises" includes land, with or without buildings;

"third country" means a country which is not a member of the European Communities;

"registered veterinary surgeon" means a person currently registered in the register established under the

Veterinary Surgeons Act, 1931

(No. 36 of 1931).

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.

(3) In these Regulations—

(

a

) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended;

(

b

) a reference to a Schedule is to a Schedule to these Regulations;

(

c

) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3 General Conditions and Exemptions.

3.

(1) Subject to the provisions of paragraph (3), the conditions and standards laid down in these Regulations shall apply to the movement, lairaging, restraint, stunning, slaughter and killing of animals bred and kept for the production of meat, skin, fur or other products and to methods of killing animals for the purpose of disease control.

(2) Subject to the provisions of paragraph (3), no person shall move, lairage, restrain, stun, slaughter or kill animals bred and kept for the production of meat, skin, fur or other products other than in accordance with these Regulations and the Council Directive.

(3) The provisions of these Regulations and the Council Directive shall not apply to

(

a

) technical or scientific experiments relating to the procedures mentioned in paragraph (1), carried out under the supervision of an authorised officer,

(

b

) animals which are killed in cultural or sports events,

(

c

) wild game killed in accordance with Article 3 of Council Directive No. 92/45/EEC

(2)

of 16 June 1992.

PART II. RESPONSIBILITY OF THE OWNER OR PERSON IN CHARGE.

4 General Requirements.

4.

The owner or person in charge of a slaughterhouse or of animals to be slaughtered or killed outwith slaughterhouses, within the meaning of Chapter III of the Council Directive, shall ensure that animals slaughtered or killed at any slaughterhouse, farm, premises or place shall be spared any avoidable excitement, pain or suffering during movement, lairaging, restraint, stunning, slaughter or killing.

5 General Requirements for Slaughterhouses.

5.

(1) Subject to the provisions of paragraph (2), the owner or person in charge of a slaughterhouse shall ensure that

(

a

) the construction, facilities and equipment of the slaughterhouse, and its operation, shall be such as to spare animals any avoidable excitement, pain or suffering;

(

b

) solipeds, ruminants, pigs, rabbits and poultry brought into the slaughterhouse shall be

(i) moved and if necessary lairaged in accordance with the provisions of the First Schedule;

(2)

O.J. No. L268 of 14.9.1992, p. 35.

(ii) restrained in accordance with the provisions of the Second Schedule;

(iii) stunned before slaughter or killed instantaneously in accordance with the provisions of the Third Schedule;

(iv) bled in accordance with the provisions of the Fourth Schedule.

(2) Subject to the provisions of

Section 15

(2) of the

Slaughter of Animals Act, 1935

(No. 45 of 1935), in the case of animals subject to particular methods of slaughter required by certain religious rites, the requirements of subparagraph (1) (

b

) (iii) shall not apply. The religious authority on whose behalf slaughter is carried out shall be competent for the application and monitoring of the special provisions which apply to slaughter according to certain religious rites. As regards the said provisions, that authority shall operate under the responsibility of the official veterinarian, as defined in Article 2 of Council Directive No. 64/433/EEC(3).

6 Other Requirements for Slaughterhouses.

6.

(1) The owner or person in charge of a slaughterhouse shall ensure that

(

a

) instruments, restraint and other equipment and installations used for stunning or killing shall be designed, constructed, maintained and used in such a way as to achieve rapid and effective stunning or killing in accordance with the provisions of these Regulations and the Council Directive;

(

b

) suitable spare equipment and instruments shall be kept at the place of slaughter for emergency use and that spare equipment and instruments are properly maintained and are inspected at least once a month;

(

c

) subject to the provisions of paragraph (2), no person shall engage in the movement, lairaging, restraint, stunning, slaughter or killing of animals unless that person has the knowledge and skill necessary to perform the tasks humanely and efficiently in accordance with the requirements of these Regulations and the Council Directive;

(3)

Updated by Council Directive No. 91/497/EEC — O.J. No. L268 of 24.9.1991, p. 69.

(

d

) any person carrying out the slaughter of an animal in the slaughterhouse, other than a registered veterinary surgeon, shall be the holder of a slaughter licence in accordance with the provisions of Part III of the

Slaughter of Animals Act, 1935

(No. 45 of 1935).

(2) Where an authorised officer is of the opinion that the persons who are employed for slaughtering do not possess the necessary skill, ability and professional knowledge, the owner or the person in charge of the slaughterhouse shall, in accordance with the directions of an authorised officer and subject to any time limits that he may specify, arrange a staff training programme enabling those persons to obtain the required training in order to satisfy the standards appropriate to that type of employment.

7 Requirements for Slaughter or Killing Outwith Slaughterhouses.

7.

Subject to the provisions of Regulations 9 and

Section 2

(1) of the

Abattoirs Act, 1988

(No. 8 of 1988), the owner or person in charge of an animal, referred to in Regulation 5 (1) (

b

), which is to be killed or slaughtered outwith slaughterhouses shall ensure that the provisions of subparagraphs (ii), (iii) and (iv) of Regulation 5 (1) (

b

) are complied with.

PART III. KILLING OR SLAUGHTERING FOR SPECIFIC PURPOSES.

8 Disease Control, Fur Animals, Surplus Chicks.

8.

(1) Subject to the provisions of Regulation 9, the owner or person in charge of animals referred to in Regulation 5 (1) (

b

) shall ensure that, where these animals are to be slaughtered or killed for the purpose of disease control, this shall be carried out in accordance with the provisions of the Fifth Schedule.

(2) Subject to the provisions of Regulation 9, the owner or person in charge of animals farmed for their fur shall ensure that these animals are killed in accordance with the provisions of the Sixth Schedule.

(3) Subject to the provisions of Regulation 9, the owner or person in charge of surplus day-old chicks, as defined in the European Communities (Live Poultry and Hatching Eggs) Regulations, 1992 (

S.I. No. 362 of 1992

) and embryos in hatchery waste shall ensure that they shall be killed as rapidly as possible in accordance with the provisions of the Seventh Schedule.

9 Emergency and Humane Killings and Slaughterings.

9.

(1) The provisions of Regulations 7 and 8 shall not apply in the case of an animal which has to be killed immediately for emergency reasons.

(2) The owner or person in charge of injured or diseased animals shall ensure that they are slaughtered or killed on the spot to avoid unnecessary suffering. However, a registered veterinary surgeon may authorise the transport of injured or diseased animals for the purpose of slaughter or killing provided such surgeon is of the opinion that transport does not entail further suffering for the animals.

PART IV. IMPORTS FROM THIRD COUNTRIES.

10 ..

10.

No person shall import meat obtained from an animal, referred to in Regulation 5 (1) (

b

), from a third country unless it is accompanied by a health certificate certifying that the animal had been slaughtered or killed under conditions which offer guarantees of humane treatment at least equivalent to that granted to animals of European Community origin as provided for in the Council Directive.

PART V. POWERS AND APPOINTMENT OF AUTHORISED OFFICERS.

11 Powers of Inspection.

11.

(1) An authorised officer or a veterinary expert employed by or acting on the authority of the European Commission accompanying an authorised officer may at all reasonable times enter any slaughterhouse, farm, premises or place in which the authorised officer has reasonable grounds for believing that animals are being killed or slaughtered or intended to be killed or slaughtered, for the purpose of carrying out inspections and supervisions as required by these Regulations and the Council Directive.

(2) An authorised officer, who is a registered veterinary surgeon, may at any slaughterhouse, farm, premises or place

(

a

) examine, inspect or carry out a clinical inspection of any animals or carcases that he may find,

(

b

) take, without payment of compensation, such samples from animals or carcases, including samples of blood, urine, faeces, hair, saliva, tissue or other thing, or of any article, substance or liquid at the slaughterhouse, farm, premises or place as he may reasonably require for the purposes of his functions under these Regulations and the Council Directive and carry out or have carried out on the samples such analyses, examinations, checks and inspections as he considers necessary or expedient for the purposes of such functions,

(

c

) there or at any other place, carry out or have carried out such examinations, checks and inspections of the slaughterhouse, farm, premises or place and any instruments, equipment, machinery or plant and any other article, substance or liquid found there as he reasonably considers necessary or expedient for the purposes of such functions,

(

d

) require any person at the slaughterhouse, farm, premises or place to give him such information and to produce to him such books, certificates, documents or other records within the power or procurement of the person as he may reasonably require for the purposes of such functions,

(

e

) examine and take copies of, or extracts from, any such records as aforesaid,

(

f

) seize and detain anything found there which he reasonably believes to be evidence of an offence under these Regulations.

(3) An authorised officer, other than a registered veterinary surgeon, shall have all of the powers given to an authorised officer under paragraph (2) but shall not have the power to undertake clinical examinations and to take samples of tissue or other thing unless those samples are taken under the supervision of a registered veterinary surgeon.

(4) The owner or person in charge of a slaughterhouse and all operatives working within that slaughterhouse shall carry out all reasonable directions issued by an authorised officer for the purposes of these Regulations.

(5) A person shall not, in purported compliance with a requirement under paragraph (2) (

d

), give information to an authorised officer that he knows to be false or misleading in a material respect.

12 Authorised Officers.

12.

(1) The Minister may appoint such and so many persons as he thinks fit to be authorised officers for the purposes of these Regulations.

(2) A local authority may appoint such and so many persons as it thinks fit to be authorised officers for the purposes of these Regulations.

(3) Every person who is appointed to be an authorised officer, when exercising any power conferred on him by these Regulations, shall, if so requested by any person affected, produce evidence in writing of his appointment as an authorised officer.

(4) A person shall not obstruct or impede an authorised officer in the due exercise of any of the functions of the officer under these Regulations.

PART VI. OFFENCES AND PENALTIES.

13 Offences.

13.

(1) An offence under these Regulations may be prosecuted by the Minister or by a local authority in whose functional area the offence was committed.

(2) Any person who contravenes a provision of Regulation 3 (2), 4, 5 (1), 6 (1), 7, 8, 9 (2), 10, 11 (4), 11 (5) or 12 (4) shall be guilty of an offence.

(3) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, each such person shall be guilty of an offence.

14 Penalties.

14.

A person guilty of an offence under these Regulations shall be liable, on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

Regulation 5.

FIRST SCHEDULE.

REQUIREMENTS FOR THE MOVEMENT AND LAIRAGING OF ANIMALS IN SLAUGHTERHOUSES.

I.

General requirements.