MINIMUM RULES (PROTECTION OF CHICKENS KEPT FOR MEAT PRODUCTION) REGULATIONS

SUBSIDIARY LEGISLATION 439.12

MINIMUM RULES (PROTECTION OF

CHICKENS KEPT FOR MEAT PRODUCTION)

REGULATIONS

24th September, 2010

LEGAL NOTICE 441 of 2010.

(1) The title of these regulations is the Minimum Rules

(Protection of Chickens kept for Meat Production) Regulations.

(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.

(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 com peten t au tho rity” m ean s the Veterin ary S er vices

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;

"cumu lative daily m ortality rate" m ean s the sum of d aily

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;

"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;

"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

a b i li t y t o ta rg e t r i s k s t o h e al t h wh er ev e r t h e y ar i s e in t h e

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 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;

(b) the required inspections and the monitoring and

follow-up, including those provided for in Schedule III

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

t h e r eq u i r e m en t s s e t o u t i n S ch ed u l e I I , in a d d it io n t o t h e

requirements set out in Schedule I.

(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 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.

(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 30th 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 should be

scientifically based, objective and comparable, and laid down in

accor dance with the pro cedu re referr ed to in th e def in itio n

"Standing Committee on the Food Chain and Animal Health" in

regulation 2(2).

(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.

(2) The competent authority shall submit to the Commission by

the 30th 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.

MINIMUM RULES (PROTECTION OF CHICKENS

KEPT FOR MEAT PRODUCTION)

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.

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

MINIMUM RULES (PROTECTION OF CHICKENS

KEPT FOR MEAT PRODUCTION)

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

ten 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.

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 fifteen 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 su mmarising 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

MINIMUM RULES (PROTECTION OF CHICKENS

KEPT FOR MEAT PRODUCTION)

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.

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.

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

mor tality rate sh all be check ed taking into accou nt the nu mber of broiler s

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

MINIMUM RULES (PROTECTION OF CHICKENS

KEPT FOR MEAT PRODUCTION)

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.

Schedule IV

[Regulation 5(2)]

TRAINING

The training courses referred to in regulation 5(2) shall at least cover Community

legislation concerning the protection of chickens and in particular the following

(a) Schedules I and II;

(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;

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; 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

MINIMUM RULES (PROTECTION OF CHICKENS

KEPT FOR MEAT PRODUCTION)

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.