S.I. No. 14/2008 - European Communities (Welfare of Farmed Animals) Regulations 2008

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 Regulation 19.

GIVEN under my Official Seal,

31 January 2008

MARY COUGHLAN

Minister for Agriculture, Fisheries and Food

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to a series of European Directives concerning the protection of animals including laying hens, calves and pigs and animals being slaughtered.

1 O.J. No. L 340 of 11.12.1991, p. 28.

2 O.J. No. L 340 of 11.12.1991, p. 33.

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

4 O.J. No. L 25 of 28.1.1997, p. 24.

5 O.J. No. L 76 of 18.3.1997, p. 30.

6 O.J. No. L 221 of 8.8.1998, p. 23.

7 O.J. No. L 316 of 1.12.2001, p. 1.

8 O.J. No. L 316 of 1.12.1993, p. 36.

9 O.J. No. L 203 of 3.8.1999, p. 53.

10 O.J. No. L 30 of 31.1.2002, p.44.

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

II.

Specific requirements.

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, and

(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, and

(

d

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

Part 7

Killing of surplus chicks and embryos in hatchery waste.

I.

Permitted methods for the killing of chicks.

7. A lairage 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, 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 12 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.

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.

Chapter 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.

Chapter 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 practitioner; 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 practitioner who prescribes the animal remedy.

Regulation 20.

Schedule 4

Part 1

Requirements for the movement and lairaging of animals in slaughterhouses.

I.

General requirements.

24. (1) Regulations 21 and 22 do not apply in the case of an animal that has to be killed immediately for emergency reasons.

(2) Subject to paragraph (3), the owner or person in charge of a seriously injured or diseased animal shall ensure that it is slaughtered or killed immediately to avoid unnecessary suffering, unless a registered veterinary practitioner considers, after examining the animal, that it is not necessary to slaughter or kill the animal.

(3) A registered veterinary practitioner may authorise the transport of an injured or diseased animal for the purpose of slaughter or killing provided the practitioner is of the opinion that transport does not entail further unnecessary suffering for the animal.

Import of meat

25. A person shall not import meat obtained from a soliped, ruminant, pig, rabbit or poultry from a third country unless it is accompanied by a veterinary 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 an animal of European Community origin.

Part 6 Authorised officers

Appointment of authorised officer

26. (1) The Minister may, by instrument in writing, appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of some or all of these Regulations as may be specified in the instrument.

(2) The manager of a local authority may by instrument in writing, appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of Part 5 of these Regulations.

(3) The Minister or manager of a local authority may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period.

(4) An appointment as an authorised officer ceases—

(

a

) if it is terminated pursuant to paragraph (3),

(

b

) if it is for a fixed period, on the expiry of that period, or

(

c

) if the person appointed is an officer of the Minister or a local authority, upon the person ceasing to be such an officer.

(5) Nothing in paragraph (4) is to be construed so as to prevent the Minister or manager of a local authority from reappointing as an authorised officer a person to whom that paragraph relates.

(6) An officer of the Minister or of a local authority shall furnish an authorised officer appointed under this Regulation with a warrant of his or her appointment as an authorised officer and, when exercising a power conferred on him or her, the officer, an officer of Customs and Excise or a member of the Garda Síochána shall, if requested by a person affected, produce the warrant or evidence that he or she is such an officer or member to the person.

Functions of authorised officer

27. (1) If an authorised officer has reasonable cause to suspect that—

(

a

) an animal is present, has been present or may be present on a premises,

(

b

) an animal is or has been killed, slaughtered, processed, stored or otherwise dealt with on a premises, or

(

c

) a document relating to an animal is present, was present or may be present on a premises,

the authorised officer may enter the premises and he or she may—

(i) search the premises,

(ii) stop a person, vehicle, vessel or container,

(iii) board and search a vehicle, vessel or container,

(iv) examine an animal, vehicle, vessel, container or other thing that may be used in connection with an animal,

(v) take, without payment, samples from an animal, feed or other thing or an article, substance or liquid as he or she may reasonably require and carry out or cause to be carried out on a sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient,

(vi) require the production of a document or thing relating to an animal, feed, vehicle, vessel, container or other thing,

(vii) retain a document or thing (for so long as is necessary),

(viii) give a direction to, or request information of, a person regarding an animal, feed, vessel, vehicle, container, premises or other thing as he or she considers necessary,

(ix) require the name and address of a person and the name and address of any other relevant person including the person to whom an animal or feed, is being delivered or who is causing it to be delivered,

(x) require of a person the ownership, identity and origin of the animal or feed,

(xi) make a record whether in writing, by photography or otherwise, or

(xii) mark or otherwise identify an animal, feed, or a sample taken under subparagraph (v).

(2) If an authorised officer has reasonable cause to suspect that—

(

a

) an offence is being or has been committed under these Regulations,

(

b

) a contravention of an act of the institutions of the European Communities relating to animal welfare is being or has been committed, or

(

c

) evidence of an offence or contravention may be, is or has been on a premises—

the authorised officer may, in addition to the powers exercisable by him or her under subsection (1)—

(i) search a person, where the authorised officer considers it necessary,

(ii) seize and detain, an animal, carcass, animal product, animal by-product, animal feed, food, vessel, vehicle, container, equipment, machinery or other thing, or

(iii) dispose of, or require the owner or person in charge of or in possession of an animal, carcass, animal product, animal by-product, animal feed, food or other thing to deal with or dispose of it (or any equipment, machinery, plant or other thing used in connection with, or that may have been in contact with, the animal, carcass, animal product, animal by-product, animal feed or food) in a manner that the authorised officer sees fit.

(3) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under Regulation 28.

(4) An authorised officer may use reasonable force, if necessary, in exercise of his or her powers under this Regulation.

(5) An authorised officer, when exercising a power under this Regulation may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

(6) An authorised officer is not liable in any proceedings for anything done in the purported exercise of his or her powers under these Regulations if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(7) Without prejudice to the generality of paragraph (1), a direction or requirement of an authorised officer may include conditions prohibiting, restricting or otherwise controlling the use, processing or movement of an animal as may be specified by the authorised officer.

(8) Nothing in this Regulation operates to prejudice any power to search, or to seize or detain property, which may, apart from these Regulations, be exercised by a member of the Garda Síochána or an officer of Customs and Excise.

(9) If a member of the Garda Síochána has reasonable grounds to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.

Search warrant

28. (1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting—

(

a

) that evidence of, or relating to, the commission or intended commission of an offence under these Regulations is to be found on a premises,

(

b

) there is or was an animal, feed, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with an animal or feed, on a premises,

(

c

) a document or other record related to a thing to which subparagraph (

a

) or (

b

) refers is or may be on the premises,

the judge may issue a search warrant.

(2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by use of reasonable force) the premises, vehicle, vessel or aircraft named in the warrant.

(3) If a premises is entered pursuant to a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.

Part 7 Welfare notice and emergency measures

Welfare Notice

29. (1) If an authorised officer is of the opinion that—

(

a

) an animal is being caused unnecessary pain, suffering or injury,

(

b

) an animal is at risk of being caused unnecessary pain, suffering or injury,

(

c

) there is a serious risk to the welfare of an animal, herd or flock or

(

d

) the conditions under which an animal, herd or flock is being bred or kept contravene these Regulations,

he or she may serve or cause to be served on the owner or keeper of the animal, herd or flock a notice (“welfare notice”) stating that opinion and directing that—

(i) an ill or injured animal be cared for in an appropriate manner,

(ii) veterinary or other specialist advice be obtained in respect of an ill or injured animal,

(iii) an animal be supplied with feed appropriate to its age and species and in such quantity as will maintain it in good health,

(iv) an animal be given access to such a supply of suitable liquid as will enable it to fulfil its fluid intake needs,

(v) one or more animals be moved to and kept in such place as the officer specifies in the notice,

(vi) one or more animals be sold, destroyed or otherwise disposed of in such manner and at such place (if any) as the officer may specify in the notice,

(vii) such alterations or additions be made to the premises, land or place at which the animal is kept, or to the equipment and facilities found there, as the officer may specify in the notice,

(viii) such alterations be made to the manner in which the animal is kept as the officer may specify in the notice, or

(ix) such other measures be taken as are necessary to ensure that the animal is kept in a manner that complies with these Regulations.

(2) A welfare notice may specify one or more requirements or refer to one or more animals or species of animal.

(3) A requirement contained in a welfare notice may specify a time limit within which it is to be complied with.

(4) A welfare notice may require the owner or keeper of the animal to choose between two or more of the requirements specified in the welfare notice.

(5) A requirement specified in a welfare notice (in this Regulation referred to as “the earlier welfare notice”) may be modified or withdrawn in a further welfare notice and in that event the earlier welfare notice shall have effect subject to such modification or withdrawal.

(6) A person, including a person upon whom a welfare notice is served, shall not deal with an animal to which the welfare notice relates other than in accordance with the terms of the welfare notice.

(7) In the event of an appeal made pursuant to Regulation 31 a person, including the person appealing, shall not deal with an animal to which a welfare notice relates pending the determination of the appeal other than in accordance with such directions as shall be given in writing to the appellant by an authorised officer.

(8) If the terms of a welfare notice are confirmed with or without modification by the judge of the District Court hearing an appeal under Regulation 31, a person including the person who made the appeal shall not deal with an animal to which the welfare notice relates other than in accordance with the welfare notice as confirmed.

(9) Any costs pertaining to action required to comply with a welfare notice will be borne by the owner of the animal to which the welfare notice relates.

Service of Welfare Notice

30. (1) A welfare notice shall, subject to paragraph (2), be addressed to the person concerned by name and may be served on a person—

(

a

) by giving it to the person,

(

b

) by leaving it at the address at which the person ordinarily resides or, where an address for service has been furnished, at that address,

(

c

) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, where an address for service has been furnished, at that address, or

(

d

) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises.

(2) If a welfare notice is to be served on a person who is the owner or keeper of an animal and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to that person by using the words “the owner” or “the keeper”.

(3) A person shall not, at any time within 6 months after a welfare notice is affixed under paragraph (1)(

d

), remove, damage or deface the notification or compliance notice without lawful authority.

(4) For the purposes of this Regulation, a company within the meaning of the Companies Acts is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

Appeal against welfare notice

31. (1) A person may appeal within 7 days of the service of a welfare notice to the judge of the District Court having jurisdiction in the District Court District where the animal to which the welfare notice relates is situated or to the judge of the District Court where the person bringing the appeal ordinarily resides or carries on business on the grounds that the notice or any terms thereof are not justified having regard to these Regulations and the objectives of the Calves Directive, General Welfare Directive, Laying hens Directive or Pigs Directive (hereafter referred to as “an appeal”).

(2) An appeal may be heard at any sitting of the District Court within the appropriate District Court District.

(3) Notice of an appeal shall be served on the Minister at least 2 days prior to the hearing of the appeal by serving it on the Minister or by leaving it at the place and in the manner specified in the welfare notice.

(4) A notice of appeal shall contain a statement of the grounds upon which it is alleged that the notice or any of the terms thereof are not justified.

(5) A copy of the notice of appeal shall be lodged with the District Court Clerk in the manner specified in the welfare notice (if any) at least 2 days prior to the hearing of the appeal.

(6) On the hearing of an appeal under this Regulation a judge of the District Court may confirm, modify or annul a welfare notice.

Power to seize and dispose of an animal

32. (1) Without prejudice to Regulation 27 or 29, if—

(

a

) the owner or keeper of an animal fails to comply with the terms of a welfare notice within the time limit specified therein,

(

b

) an authorised officer has reasonable grounds for believing that the terms of a welfare notice will not be complied with,

(

c

) a welfare notice has been confirmed with or without modification under Regulation 31 and the notice has not been complied with,

(

d

) an authorised officer has reasonable grounds for believing that the terms of a welfare notice which has been confirmed with or without modification under Regulation 31 will not be complied with, or

(

e

) pending the determination of an appeal made under Regulation 31, an authorised officer has reasonable grounds for believing that—

(i) a welfare notice, or

(ii) a direction given pursuant to Regulation 27,

has not been or will not be complied with, an authorised officer may at any time seize the animal at such premises as he or she thinks fit.

(2) An authorised officer may sell or dispose of a seized animal or cause it to be sold or be otherwise disposed of or destroyed in such manner and at such place as the authorised officer considers appropriate in the circumstances of the case.

(3) Any profits arising out of the sale or disposal of an animal under this Regulation shall be paid to the owner of the animal less any expenses incurred in connection with seizure, maintenance, sale, disposal or destruction of the animal.

(4) The costs (including ancillary costs) of seizure, maintenance, sale, disposal or destruction of an animal under Regulation 27, this Regulation or Regulation 33 are, subject to paragraph (3), recoverable—

(

a

) by deducting the costs from any sum that is or becomes payable by the Minister to the owner of the animal, or

(

b

) as a simple contract debt in any court of competent jurisdiction from the person who was the owner of the animal at the time of seizure, sale, disposal or destruction took place.

Emergency measures

33. Notwithstanding Regulation 29(1), if an authorised officer who is a veterinary practitioner is of the opinion that an animal—

(

a

) is suffering a degree of pain, suffering or injury, or

(

b

) is seriously at risk of being subject to a degree of pain, suffering or injury,

and that measures should be taken immediately to relieve its pain or suffering or risk of pain or suffering, he or she may seize, sell, dispose of or destroy or may arrange for the sale, disposal or destruction of the animal.

Part 8 Final provisions

Obstruction, etc

34. A person shall not-

(

a

) obstruct or impede an authorised officer in the exercise of his or her functions under these Regulations,

(

b

) fail, without reasonable cause, to comply with a requirement or direction of an authorised officer under Regulation 27,

(

c

) in purporting to give information to an authorised officer for the performance of the officer’s functions under Regulation 27—

(i) make a statement that he or she knows to be false in a material particular or recklessly make a statement which is false in a material particular, or

(ii) fail to disclose a material particular,

(

d

) tamper or otherwise interfere with a sample taken under Regulation 27, or

(

e

) aid or abet a contravention of these Regulations.

Forgery

35. (1) A person shall not forge or utter knowing it to be forged a direction or requirement of an authorised officer under Regulation 27 (if the direction or requirement is in written form) or a welfare notice or a document purporting to be an extract therefrom (hereafter in this Regulation referred to as “a forged document”).

(2) A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered a direction or requirement of an authorised officer under Regulation 27 (if the direction or requirement is in written form) or a welfare notice or an extract therefrom (hereafter in this Regulation referred to as “an altered document”).

(3) A person shall not have, without lawful authority, in his or her possession or under his or her control a forged document or an altered document.

Evidence on certificate

36. (1) In proceedings for an offence consisting of a contravention of these Regulations, a certificate purporting to be signed by a person employed at a laboratory named in the certificate stating the capacity in which that person is so employed and stating any one or more of the following, namely—

(

a

) that the person received a sample submitted to the laboratory,

(

b

) that, for such period as is specified in the certificate, the person had in his or her custody a sample so submitted,

(

c

) that the person gave to such other person as is specified in the certificate a sample so submitted, or

(

d

) that the person carried out any laboratory examination and the result of that examination,

is, unless the contrary is proved, evidence of the matters stated in the certificate.

(2) A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period—

(

a

) a particular person was registered in the register,

(

b

) the registration of a particular person had been revoked, or

(

c

) that a particular, registration was subject to a particular condition or conditions,

is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the matters stated in the certificate.

(3) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under paragraph (1) or (2) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.

(4) In proceedings for an offence, evidence of an act of the institutions of the European Community may be given by production of a copy of the act certified by an officer of the Minister to be a copy of the act, and it is not necessary to prove the signature of the officer or that he or she is an officer of the Minister.

(5) Paragraph (4) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 (

S.I. No. 341 of 1972

).

Offences

37. (1) A person who—

(

a

) contravenes Regulation 4, 6, 7, 8, 9, 10(2), (12), 12, 13, 14, 15, 16, 17, 18, 19, 20, 21(1), (3), 22, 23, 24(2), 25, 29(6), (7), 30(3), 34 or 35, or

(

b

) fails to comply with a direction or requirement of an authorised officer under Regulation 27 or the requirements of a welfare notice or a welfare notice confirmed with or without modification,

commits an offence and is liable on conviction to a fine not exceeding €5,000 or to a term of imprisonment not exceeding 6 months or both.

(2) A summary offence under these Regulations may be prosecuted by—

(

a

) the Minister, or

(

b

) in respect of Part 5, the local authority in whose functional area the alleged offence occurs.

(3) If an offence under these Regulations is committed by a body corporate or by a person purporting to act on behalf of a body corporate or on behalf of an unincorporated body of persons and it is proved to have been so committed with the consent or connivance of or to be attributable to any wilful neglect on the part of any other person who, when the offence was committed, was, or purported to act as, a director, manager, secretary or other officer (including a member of any committee of management or other controlling authority) of the body, such other person as well as the body, or the person so purporting to act on behalf of the body, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(4) If the affairs of a body corporate are managed by its members, paragraph (3) applies in relation to the acts and defaults of a member in connection with the functions of management as if the member were a director or manager of the body corporate.

(5) In a prosecution for an offence under these Regulations, it is not a defence for the defendant to show that Regulation 5 applies to that person in respect of the premises to which the alleged offence relates if he or she is entered in the Register maintained under Regulation 10 unless he or she can show to the satisfaction of the Court that he or she has given notice in accordance with Regulation 10(13) and the Minister is put on notice of this defence no later than 10 days prior to the sitting of the Court where the case is heard.

Revocation and Savers

38. (1) The following are revoked—

(

a

) European Communities (Protection of animals at time of slaughter) Regulations 1995 (

S.I. No. 114 of 1995

),

(

b

) European Communities (Welfare of laying hens) Regulations 2002 (

S.I. No. 98 of 2002

),

(

c

) European Communities (Welfare of calves and pigs) Regulations 2003 (

S.I. No. 48 of 2003

),

(

d

) European Communities (Protection of animals at time of slaughter) (Amendment) Regulations 2004 (

S.I. no. 192 of 2004

),

(

e

) European Communities (Protection of animals kept for farming purposes) Regulations 2006 (

S.I. No. 705 of 2006

)

(

f

) European Communities (Welfare of laying hens) (Amendment) Regulations 2007 (

S.I. No. 105 of 2007

), and

(

g

) European Communities (Welfare of calves and pigs) (Amendment) Regulations 2007 (

S.I. No. 307 of 2007

).

(2) A welfare notice within the meaning of the Regulations revoked by paragraph (1) that is in force immediately before the making of these Regulations remains in force and shall be dealt with as if it were a welfare notice.

(3) An appeal under Regulations revoked by paragraph (1) shall be dealt with as if it were an appeal under Regulation 31 of these Regulations.

(4) These Regulations are in addition to and not in substitution for the

Protection of animals kept for farming purposes Act 1984

(No. 13 of 1984).

(5) In case of conflict, these Regulations prevail over the Slaughter of Animals Act 1935.

Regulation 4(2)

Schedule 1 Conditions under which an animal should be kept

Staffing.

S.I. No. 14 of 2008

EUROPEAN COMMUNITIES (WELFARE OF FARMED ANIMALS) REGULATIONS 2008

ARRANGEMENT OF REGULATIONS

Part 1

Preliminary and General