Production) Regulations 2010

L.N. 441 of 2010

ANIMAL WELFARE ACT

(CAP. 439)

Minimum Rules (Protection of Chickens Kept for Meat

Production) Regulations 2010

IN EXERCISE of the powers conferred by articles 15 and 46

of the Animal Welfare Act, the Minister for Resources and Rural

Affairs, on advice of the Council for Animal Welfare has made the

following regulations

(1) The title of these regulations is Minimum Rules

(Protection of Chickens Kept for Meat Production) Regulations,

2010. (2) The scope of these regulations is to transpose and

implement Council Directive 2007/43/EC laying down minimum

rules for the protection of chickens kept for meat production.

These regulations

(a) establish rules at Community level for the protection

of chickens kept for meat production in order to avoid

distortion of competition that may interfere with the smooth

running of the common market;

(b) lay down minimum rules for the protection of

chickens for meat production in accordance with the principle

of proportionality for the achievement of the basic objective

of introducing animal welfare improvements in the intensive

farming of chickens;

(c) set a minimum threshold for the applicability of

minimum rules in order to avoid disproportionate measures

applicable to the keeping of small flocks of chickens; and

(d) maintain a balance between the various aspects

to be taken into account, as regards animal welfare, health,

economic and social considerations and the environmental

impact in establishing rules for the protection of chickens

kept for meat production.

(3) These regulations shall come into force on the 24th

September, 2010.

(1) Unless otherwise stated in these regulations, these

regulations shall apply without prejudice to any other Community

legislation in this regard or to any other rules or regulations

pertaining to national legislation, and the definitions in the Act

shall continue to apply.

(2) For the purpose of these regulations, and unless the

context otherwise requires the following definitions shall apply

“the Act” means the Animal Welfare Act;

“authorisation” means any authorisation granted under

these rules and in relation to owner or keepers and their

services, means a permit, licence, warrant, appointment,

concession or any decision concerning access to a service

activity or the exercise thereof;

“the Commission” means the European Commission;

“the Community” the European Community as

established by the Treaty which establishes the European

Union;

“the Competent Authority” means the Veterinary

Services Authority in Malta as established by the Veterinary

Services Act, competent to carry out animal welfare,

veterinary and zootechnical checks;

“certificate” means a certificate which shall be kept at

all times by the keeper or if the case may be, by the owner,

and which is recognised by the Competent Authority attesting

to the completion of a training course or acquired experience

equivalent to such training course;

“chicken” means an animal of the species Gallus gallus

kept for meat production;

“contract” means a form of agreement, being a written

agreement or any other form of private writing between the

owner and the keeper, which contract enables the owner of the

holding to maintain his right of ownership while the keeper

remains in possession of chickens. Such possession is vested

back in the owner upon termination of contract;

“cumulative daily mortality rate” means the sum of daily

mortality rates;

“daily mortality rate” means the number of chickens

which have died in a house on the same day including those

that have been gathered either for disease or because of other

reasons divided by the number of chickens present in the

house on that day, multiplied by 100;

“final consumer” shall have the same meaning as that

provided under the Animal Health Requirements Governing

Trade and Imports into the Community of Animals, Semen,

Ova and Embryos not Subject to Animal Health Requirements

laid down in Specific Community Acts, Rules 2009;

2009. “flock” means a group of chickens which are placed in a

house of a holding and are present in this house at the same time;

“guides to good management practice” means and

includes guidance on compliance with these regulations;

“holding” means a production site on which chickens

are kept;

“house” means a building on a holding where a flock of

chickens are kept;

“keeper” means any natural or legal person responsible

for or in charge of chickens in terms of contract or by law

whether on a permanent or temporary basis;

“official veterinarian” shall have the same meaning

as that provided under the Animal Health Requirements

Governing Trade and Imports into the Community of

Animals, Semen, Ova and Embryos not Subject to Animal

Health Requirements laid down in Specific Community Acts,

Rules 2009;

“owner” means any natural or legal person or persons

owning the holding where chickens are kept;

“the product” means any product of animal origin;

“Standing Committee on the Food Chain and Animal

Health” means a Committee made up of Member States’

representatives named committee members, who assist and

consult the Commission by delivering an Opinion regarding

safety measures with respect to animal health issues to be then

formally adopted by the Commission in accordance with the

appropriate procedure. Such committee procedure covers the

entire food supply chain, ranging from animal health issues

on the farm to the product which arrives to the final consumer,

therefore significantly enhancing its ability to target risks to

health wherever they arise in the production of food;

“stocking density” means the total live weight of

chickens which are present in a house at the same time per

square metre of useable area;

“useable area” means a littered area accessible to the

chickens at any time.

(1) These regulations shall apply to chickens kept for

meat production except for

(a) holdings with less than 20 chickens;

(b) holdings with only breeding stocks of chickens;

(c) hatcheries;

(d) extensive indoor and free range chickens as referred to

in detailed rules on certain marketing standards for poultry; or

(e) organically reared chickens in accordance with

indications and other standards referring to organic production

of agricultural products and foodstuffs.

(2) These regulations shall also apply to rearing stock

on holdings which have both breeding stock and rearing stock.

(3) The Competent Authority shall apply all such

necessary administrative measures according to the requirements

of these regulations to ensure that there is no breach thereto and

also to reduce the risk for final consumers and any additional risk

to animals and to the environment and which measures conform to

the requirements of the food chain and animal health.

(4) These measures shall include the direct confiscation

of the product, the suspension of the activities carried out by the

owner or keeper of the animals, being primarily responsible for

animal welfare, and the withdrawal, forfeiture or suspension of the

authorisation, licence or permit with regard to such activities when

these are creating a risk to final consumers and to the environment.

The application of administrative fines and effective and dissuasive

penalties in terms of articles 45 and 47 of the Act shall also apply

in this regard.

(1) The Competent Authority shall ensure that

(a) all houses comply with the requirements set out

in Schedule I to these regulations and authorised by the

Competent Authority with the approval of a permit issued

by the Malta Environment and Planning Authority (MEPA)

according to the requirements set out in Schedule II to these

regulations;

(b) the required inspections and the monitoring and

follow-up, including those provided for in Schedule III to

these regulations are carried out by an official veterinarian.

(2) The Competent Authority shall ensure that the

maximum stocking density in a holding or a house of a holding

does not at any time exceed 33 kg/m 2 .

(3) By way of derogation from sub-regulation (2),

the Competent Authority may provide that chickens be kept at a

higher stocking density provided that the owner or keeper complies

with the requirements set out in Schedule II to these regulations,

in addition to the requirements set out in Schedule I to these

regulations.

(4) The Competent Authority shall ensure that, when

a derogation is granted under sub-regulation (3), the maximum

stocking density in a holding or a house of a holding does not at

any time exceed 39 kg/m 2 .

(5) When the criteria set out in Schedule V to these

regulations are fulfilled, the Competent Authority may allow that

the maximum stocking density referred to in sub-regulation (4) be

increased by a maximum of 3 kg/m 2 .

(1) The Competent Authority shall ensure that keepers

who are natural persons have received sufficient training in their

tasks and that appropriate training courses are available.

(2) The training courses referred to in sub-regulation (1)

shall focus on welfare aspects and cover in particular the matters

listed in Schedule IV to these regulations.

(3) The Competent Authority shall ensure that a system

is established for the control and approval of training courses. The

keeper of the chickens shall hold a certificate which is recognised

by the Competent Authority attesting to the completion of such a

training course or to having acquired experience equivalent to such

training.

(4) The Competent Authority may recognise experience

acquired before 30 th June, 2010 as being equivalent to participation

in such training courses and shall issue certificates attesting to such

equivalence.

(5) The Competent Authority may provide that the

requirements set out in sub-regulations (1) to (4) shall also apply to

owners.

(6) The owner or keeper shall provide instructions and

guidance on the relevant animal welfare requirements, including

those concerning the methods of gathering practised in holdings, to

persons employed or engaged by them to attend to chickens or to

catch and load them.

(1) The Competent Authority shall submit to the

Commission the results of the data collection based on monitoring

of a representative sample of flocks slaughtered during a minimum

period of one year.

(2) In order to enable a relevant analysis, the sampling

taking and the data requirements as referred to in Schedule III

to these regulations should be scientifically based, objective and

comparable, and laid down in accordance with the procedure

referred to in the definition “Standing Committee on the Food

Chain and Animal Health” in sub-regulation (2) of regulation 2 of

these regulations.

(3) All expenses incurred by the Competent Authority

for the collection of data for the purpose of these regulations shall

be made attributable to the Community as a financial contribution.

(1) The Competent Authority shall carry out non-

discriminatory inspections to verify compliance with the

requirements of these regulations. Such inspections shall be

carried out on an adequate proportion of animals in Malta, in

accordance with the relevant provisions in Community law, and

may be carried out at the same time as checks for other purposes

in accordance with the appropriate procedures for determining the

stocking density as established in regulation 4 of these regulations.

(2) The Competent Authority shall submit to the

Commission by the 30 th June of each year an annual report for the

previous year on the inspections provided for in sub-regulation

(1). The report shall be accompanied by a list of the most relevant

actions taken by the Competent Authority to address the main

welfare problems detected.

The Competent Authority shall encourage the

development, dissemination and use of guides to good management

practice which shall include guidance on compliance with these

regulations.

The Rearing of Broilers Regulations, 2005 are hereby

being revoked.

Schedule I

(Regulation 4 (1) and (3))

REQUIREMENTS APPLICABLE TO HOLDINGS

In addition to the relevant provisions of other relevant Community legislation,

the following requirements shall apply

Drinkers

1. Drinkers shall be positioned and maintained in such a way that spillage is

minimised.

Feeding

2. Feed shall be either continuously available or be meal fed and must not be

withdrawn from chickens more than 12 hours before the expected slaughter time.

Litter

3. All chickens shall have permanent access to litter which is dry and friable on

the surface.

Ventilation and heating

4. Ventilation shall be sufficient to avoid overheating and, where necessary, in

combination with heating systems to remove excessive moisture.

Noise

5. The sound level shall be minimised. Ventilation fans, feeding machinery

or other equipment shall be constructed, placed, operated and maintained in such a

way that they cause the least possible amount of noise.

Light

6. All buildings shall have lighting with an intensity of at least 20 lux during

the lighting periods, measured at bird eye level and illuminating at least 80 % of

the useable area. A temporary reduction in the lighting level may be allowed when

necessary following veterinary advice.

7. Within seven days from the time when the chickens are placed in the

building and until three days before the foreseen time of slaughter, the lighting must

follow a 24-hour rhythm and include periods of darkness lasting at least six hours

in total, with at least one uninterrupted period of darkness of at least four hours,

excluding dimming periods.

Inspection

8. All chickens kept on the holding must be inspected at least twice a day.

Special attention should be paid to signs indicating a reduced level of animal

welfare and/or animal health.

B

9. Chickens that are seriously injured or show evident signs of health disorder,

such as those having difficulties in walking, severe ascites or severe malformations,

and are likely to suffer, shall receive appropriate treatment or be culled immediately.

A veterinarian shall be contacted whenever necessary.

Cleaning

Those parts of buildings, equipment or utensils which are in contact with

the chickens shall be thoroughly cleaned and disinfected every time after final

depopulation is carried out, before a new flock is introduced into the house. After

the final depopulation of a house, all litter must be removed, and clean litter must be

provided.

Record keeping

The owner or keeper shall maintain a record for each house of a holding of

(a) the number of chickens introduced;

(b) the useable area;

(c) the hybrid or breed of the chickens, if known;

(d) by each control, the number of birds found dead with an indication of

the causes, if known as well as the number of birds culled with cause;

(e) the number of chickens remaining in the flock following the removal

of chickens for sale or for slaughter.

Those records shall be retained for a period of at least three years and shall be

made available to the competent authority when carrying out an inspection or when

otherwise requested.

Surgical interventions

All surgical interventions carried out for reasons other than therapeutic or

diagnostic purposes which result in damage to or the loss of a sensitive part of the

body or the alteration of bone structure shall be prohibited.

However, beak trimming may be authorised by the Competent Authority

when other measures to prevent feather pecking and cannibalism are exhausted.

In such cases, it shall be carried out only after consultation and on the advice of a

veterinarian and shall be carried out by qualified staff on chickens that are less than

10 days old. In addition, the Competent Authority may authorise the castration of

chickens. The castration shall only be carried out under veterinary supervision by

personnel who have received a specific training.

B

Schedule II

(Regulation 4 (3))

Notification and documentation

The following requirements shall apply

1. The owner or keeper shall communicate to the competent authority his

intention to use a stocking density of more than 33 kg/m 2 live weight.

He shall indicate the exact figure and inform the competent authority of

any change in the stocking density at least 15 days prior to the placement of the

flock in the house. If requested by the competent authority, that notification shall

be accompanied by a document summarising the information contained in the

documentation required under point 2.

2. The owner or keeper shall maintain and have available in the house

compiled documentation describing in detail the production systems. In particular

it shall include information on technical details of the house and its equipment such

as

(a) a plan of the house including the dimensions of the surfaces occupied

by the chickens;

(b) ventilation and, if relevant, cooling and heating system, including

their location, a ventilation plan, detailing target air quality parameters, such as

airflow, air speed and temperature;

(c) feeding and watering systems and their location;

(d) alarm systems and backup systems in the event of a failure of any

automated or mechanical equipment essential for the health and well-being of

the animals;

(e) floor type and litter normally used.

The documentation shall be made available to the competent authority on

request and shall be kept updated. In particular, technical inspections of the

ventilation and alarm system shall be recorded.

The owner or keeper shall communicate to the competent authority any

changes to the described house, equipment or procedures which are likely to

influence the welfare of the birds without undue delay.

B

Requirements for the holdings — control of environment parameters

3. The owner or keeper shall ensure that each house of a holding is equipped

with ventilation and, if necessary, heating and cooling systems designed, constructed

and operated in such a way that

(a) the concentration of ammonia (NH3) does not exceed 20 ppm and the

concentration of carbon dioxide (CO2) does not exceed 3 000 ppm measured

at the level of the chickens’ heads;

(b) the inside temperature, when the outside temperature measured in the

shade exceeds 30 °C, does not exceed this outside temperature by more than 3 °C;

(c) the average relative humidity measured inside the house during 48

hours does not exceed 70 % when the outside temperature is below 10 °C.

B

Schedule III

(Regulations 4 (1) and 6 (2))

MONITORING AND FOLLOW-UP AT THE SLAUGHTERHOUSE

1. Mortality

1.1. In the case of stocking densities higher than 33 kg/m 2 , the documentation

accompanying the flock shall include the daily mortality rate and the cumulative

daily mortality rate calculated by the owner or keeper and the hybrid or breed of the

chickens.

1.2. Under the supervision of the official veterinarian these data as well as

the number of broilers dead on arrival shall be recorded, indicating the holding

and the house of the holding. The plausibility of the data and of the cumulative

daily mortality rate shall be checked taking into account the number of broilers

slaughtered and the number of broilers dead on arrival at the slaughterhouse.

2. Post-mortem inspection

In the context of the controls performed under the Regulation (EC) No

854/2004, the official veterinarian shall evaluate the results of the post-mortem

inspection to identify other possible indications of poor welfare conditions such as

abnormal levels of contact dermatitis, parasitism and systemic illness in the holding

or the unit of the house of the holding of origin.

3. Communication of results

If the mortality rate as referred to in paragraph 1 or the results of the post-

mortem inspection as referred to in paragraph 2 are consistent with poor animal

welfare conditions, the official veterinarian shall communicate the data to the owner

or keeper of the animals and to the competent authority. Appropriate actions shall be

taken by the owner or the keeper of the animals and by the Competent Authority.

B

Schedule IV

(Regulation 5 (2))

TRAINING

The training courses referred to in sub-regulation (2) of regulation 5 of these

regulations shall at least cover Community legislation concerning the protection of

chickens and in particular the following matters

(a) Schedules I and II to these regulations;

(b) physiology, in particular drinking and feeding needs, animal behaviour

and the concept of stress;

(c) the practical aspects of the careful handling of chickens, and catching,

loading and transport;

(d) emergency care for chickens, emergency killing and culling;

(e) preventive biosecurity measures.

Schedule V

(Regulation 4 (5))

CRITERIA FOR THE USE OF INCREASED STOCKING DENSITY

1. Criteria

(a) the monitoring of the holding carried out by the Competent Authority

within the last two years did not reveal any deficiencies with respect to the

requirements of these regulations;

(b) the monitoring by the owner or keeper of the holding is carried out

using the guides to good management practice referred to in regulation 8 of

these regulations; and

(c) in at least seven consecutive, subsequently checked flocks from a

house the cumulative daily mortality rate was below 1 % + 0.06 % multiplied

by the slaughter age of the flock in days. If no monitoring of the holding was

carried out by the Competent Authority within the last two years, at least one

monitoring exercise has to be carried out to check whether the requirement in

paragraph (a) is fulfilled.

2. Exceptional circumstances

By the way of derogation from paragraph 1(c), the Competent Authority may

decide to increase the stocking density when the owner or keeper has provided

sufficient explanation for the exceptional nature of a higher daily cumulative

mortality rate or has shown that the causes lie beyond his sphere of control.

€1.30