IE
S.I. No. 48/2003 - European Communities (Welfare of Calves and Pigs) Regulations 2003
Table of Provisions (24)
Statutory Text (24 Articles)
1. Subject to Regulation 5, accommodation for pigs shall be constructed in such way as to allow each pig lie down, rest, and stand up without difficulty. Each pig shall have a clean place in which to rest and shall, unless isolated for veterinary reasons, be able to see other pigs.
Each pig shall have access to a clean lying area that is physically and thermally comfortable, adequately drained and that is of sufficient area to allow each pig lie down at the same time.
2. If pigs are kept together, measures shall be taken to prevent fighting that goes beyond normal behaviour and to investigate the causes of fighting. If possible measures, including provision of plentiful straw or other materials for investigation, shall be put in place. Pigs which show persistent aggression towards others or are victims of aggression shall be isolated or kept separate from the group.
3. All pigs shall be provided with an appropriate diet adapted to their age, weight and behavioural and physiological needs, to promote good health and welfare.
4. All pigs shall be fed at least once a day. Where pigs are housed in groups and not fed
ad libitum
or by an automatic feeding system, each pig shall have access to the food at the same time as the others in the group.
5. All pigs over 2 weeks of age shall have access to a sufficient quantity of fresh water.
6. In addition to measures normally taken to prevent tail-biting and other vices and in order to enable them to satisfy their behavioural needs, all pigs, taking into account environmental conditions, management systems and stocking densities, shall be able to obtain straw or any other suitable material or object.
7. Subject to Regulation 5(2), the owner or person in charge shall take all necessary measures to ensure that pigs are not subject to constant or sudden noise.
8. A pig shall have permanent access to a sufficient quantity of suitable material such as such as straw, hay, wood, peat or mushroom compost to enable proper investigation and manipulation activities, that does not compromise the health of the pig.
Part II
BOARS
9. Subject to paragraph 10, boar pens shall be sited and constructed so as to allow the boar to turn around and to hear, smell and see other pigs, and to provide for clean resting areas. The lying area shall be dry and comfortable.
The minimum unobstructed floor area of the pen for an adult boar shall be 6 square metres.
10. If pens are used for natural service, the minimum unobstructed floor area of a pen for an adult boar, shall be 10 square metres.
This paragraph, in the case of a premises in operation before 1 January 2003 comes into effect on 1 January 2005.
Part III.
SOWS AND GILTS
11. Pregnant sows and gilts shall, if necessary, be treated against external and internal parasites. If they are placed in farrowing crates, pregnant sows and gilts shall be thoroughly cleaned.
12. Sows and Gilts shall be provided with a clean, adequately drained comfortable lying area and shall, in the week before expected farrowing, be given suitable nesting material unless this is not technically feasible due to the slurry system in use on the premises.
13. An unobstructed area behind the sow or gilt shall be available for the ease of natural or assisted farrowing.
14. Farrowing crates where sows are kept loose shall have some adequate means such as farrowing rails, to protect the piglets.
15. Sows and gilts shall be provided with a diet that satisfies their nutritional needs and contains sufficient quantity of suitable bulky or high fibre food to satisfy their hunger and the need to chew and to ensure that they do not display signs of hunger.
Part IV.
PIGLETS
16. Piglets shall be provided with a source of heat and a solid, dry and comfortable lying area, covered with a mat or littered with suitable material away from the sow where all of them can rest at the same time.
17. Where a farrowing crate is used, the piglets shall have sufficient space to be able to be suckled without difficulty.
18. Tail docking or tooth clipping shall not be carried out routinely except where injuries to sows' teats or to other pigs' ears or tails have occurred.
Where tooth clipping appears necessary, this shall be carried out within seven days of birth.
19. Subject to paragraph 20, piglets shall not be weaned from the sow at less than 28 days of age unless the welfare or health of the dam or piglets would otherwise be adversely affected.
20. Despite paragraph 19, piglets, if accommodated in specialised housing that has been thoroughly cleaned and disinfected immediately before the introduction of those piglets, may be weaned from the sow at no less than 21 days of age.
21. Housing to which paragraph 20 refers shall be separate, in a manner that adequately prevents the risk or spread of disease, from housing containing sows
Part V.
WEANERS AND REARING PIGS
22. Pigs shall be placed in groups as soon as possible after weaning. They should be kept in stable groups with as little mixing as possible.
If pigs unfamiliar with one another are to be mixed, they shall be mixed at as early an age as possible and, preferably, within seven days of weaning.
Pigs shall be afforded adequate opportunity to escape and hide from other pigs.
23. An animal remedy shall not be administered, to facilitate mixing of pigs, other than in exceptional circumstances, under and in accordance with the written prescription of a registered veterinary surgeon; that prescription shall be retained by the owner or person in charge of the pigs and a copy shall be retained by the registered veterinary surgeon who prescribes the animal remedy.
GIVEN
under my Official Seal,
12
th
February 2003
Joe Walsh
Minister for Agriculture and Food.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation)
These Regulations specify the accommodation and welfare requirements for the rearing and fattening of calves and pigs. They also lay down rules regarding appropriate diet and inspection of the calves and pigs to protect their health and welfare.
1
O.J. L 340 of 11.12. 1991, p.28.
2
O.J. L 340 of 11.12.1991, p.33.
3
O.J. L 25 of 28.1.1997, p.24.
4
O.J. L 76 of 18.3.1997, p.30.
5
O.J. L 316 of 1.12.2001, p. 1.
6
O.J. L 316 of 1.12.2001, p. 36.
1
O.J. L 340 of 11.12. 1991, p.28.
3
O.J. L 25 of 28.1.1997, p.24.
4
O.J. L 76 of 18.3.1997, p.30.
2
O.J. L 340 of 11.12.1991, p.33.
5
O.J. L 316 of 1.12.2001, p. 1.
6
O.J. L 316 of 1.12.2001, p. 36.
I, Joe Walsh, Minister for Agriculture and Food, in exercise of the powers conferred on me by
section 3
of the
European Communities Act 1972
(No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 91/629/EEC of 19 November 1991
1
, Council Directive 91/630/EEC of 19 November 1991
2
Council Directive No. 97/2/EC of 20 January 1997
3
, Commission Decision No. 97/182/EC of 24 February 1997
4
, Council Directive 2001/88/EC of 23 October 2001
5
and Commission Directive 2001/93/EC of 9 November 2001
6
, hereby make the following regulations:—
Citation and commencement
1.(1) These Regulations may be cited as the European Communities (Welfare of Calves and Pigs) Regulations 2003.
(2) Regulations 6(1), (2), (3) and (4) and 7 apply to a premises built, rebuilt or used, for the first time for breeding, rearing or fattening pigs from 1 January 2003 and to all premises used for breeding, rearing or fattening pigs from 1 January 2013.
(3) Regulations 9 (to the extent that Regulation 9 relates to the provision of manipulable material for sows and gilts) is subject to Article 1(9) of, and the Annex to, the Pigs Directive.
Interpretation
2.(1) In these Regulations —
“approved disinfectant” means a disinfectant approved under and in accordance with the Diseases of Animals (Disinfectants) Order 1975 (
S.I. No. 273 of 1975
) and the Diseases of Animals (Disinfectants Order 1975 (Amendment) Order 1978 (
S.I. No. 345 of 1978
);
“authorised officer” means —
(a) an authorised officer within the meaning of section 17A (inserted by
section 2
of the
Diseases of Animals (Amendment) Act 2001
(No. 3 of 2001)) of the
Diseases of Animals Act 1966
(No. 6 of 1966),
(b) an inspector within the meaning of the
Protection of Animals Kept for Farming Purposes Act 1984
(No. 13 of 1994),
(c) an authorised officer within the meaning of the European Communities (Protection of Animals Kept for Farming Purposes) Regulations 2000 (
S.I. No. 127 of 2000
),
(d) a member of the Garda Siochana, or
(e) an officer of Customs and Excise.
“calf” means a bovine animal less than six months old;
“Calves Directive” means Council Directive No. 91/629/EEC of 19 November 1991
1
, Council Directive No. 97/2/EC of 20 January 1997
3
and Commission Decision No. 97/182/EC of 24 February 1997
4
;
“Minister” means the Minister for Agriculture and Food;
“Pigs Directive” means Council Directive No. 91/630/EEC of 19 November 1991
2
, Council Directive 2001/88/EC of 23 October 2001
5
and Commission Directive 2001/93/EC of 9 November 2001
6
;
“premises” includes land or holding, with or without buildings;
“registered veterinary surgeon” means a person entered in the register maintained under the
Veterinary Surgeons Act 1931
(No. 6 of 1931);
“unnecessary suffering” means pain, distress or suffering that of its kind or degree, or in its object, or in the circumstances in which the suffering occurs, is unreasonable or unnecessary.
(2) A word or expression that is used in these Regulations and that is also used in the Calves Directive or Pigs Directive, as the case may be, has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive in which it occurs.
(3) In these Regulations, unless the contrary intention appears, a reference to a Regulation is to a reference in these Regulations, a reference to a Schedule is to a Schedule of these Regulations and a reference to a paragraph or sub-paragraph is to the paragraph or sub-paragraph of the provision in which the reference occurs.
Application