Implementation in Scotland of EU Regulation 1099/2009 on the protection of animals at the time of killing

Consultation Document

29th August to 26th October 2012

Contents

EXECUTIVE SUMMARY 1 Background 1 The issue 1 Key points 1

Directly applicable measures 1 Certificates of Competence 2 Existing national rules 2 New national rules 3 Religious slaughter 3 Differences within the UK 3 Compulsory CCTV 4

Conclusion 4

PART I – ABOUT THIS CONSULTATION 1 Topic of this consultation 1 Scope of this consultation 1 Geographical extent 2 Business and regulatory impact assessment 2 Audience 2 Body Responsible for the consultation 2 Duration 2 How to make an enquiry 2 The Scottish Government Consultation Process 2 Responding to this consultation paper 4 Handling your response 4 Next steps in the process 5 Comments and complaints 5

PART II – BACKGROUND INFORMATION 6 Purpose and Scope of Regulation 1099/2009 6 Objectives for intervention 7 Previous consultation 8 Directly applicable measures in Regulation 1099/2009 8

Scope 9 Certificates of Competence 9 Guides to Good Practice 9 Animal Welfare Officer 9 Management practices 10 Operational practices 10 Stunning 10 Restraint 11 Slaughter for religious purposes 11 Scientific advice 11

Enforcement 11 National Rules 11 Falling out of Scope 12 Enforcement 12

PART III – DETAILED IMPLEMENTATION PROPOSALS 14 Implementing regulations 14 Competent authority 14 Derogations 15 Guides to Good Practice 16 Certificates of Competence 16

Requirements 16 Training 17 Application for a Temporary CoC 17 Application for a CoC 18 Refusal, suspension and withdrawal of CoCs 19 CoC Transitional arrangements 19 Simplified Procedure for three years’ professional experience 20

Falling out of Scope 22 National rules 23

Existing national rules 23 New stricter national rules 25 National Rule Differences between Devolved Administrations 28

Monitoring procedures and CCTV 28 Transitional measures 29 Enforcement 33

Administrative Sanctions 34 Welfare Improvement and Stop Notices 35 Amending or withdrawing a certificate of competence 36 Offences and penalties 36 Powers of entry 44 Appeals 45 Fees 45

PART IV – ANY OTHER COMMENTS 47

ANNEX 1: QUALIFICATION CERTIFICATE – PROPOSED MODULE TITLES 48 Bird unit groups 48 Mammal unit groups 49

ANNEX 2: WASK PROVISIONS CONSIDERED TO PROVIDE MORE EXTENSIVE WELFARE PROTECTION THAN REGULATION 1099/2009 52

Birds for sale outside a slaughterhouse or knackers yard 52 Bleeding & pithing 52 Care and handling pre-slaughter 53

Certificate of Competence 54 Gas - birds 55 Gas – birds outside a slaughterhouse 56 Gas - pigs 57 Horses - facilities 58 Horses - killing 58 Lairage 58 Maintenance 59 Religious slaughter - animals 59 Religious slaughter - birds 60 Religious slaughter - general 61 Restraint 61 Slaughter for disease control 63 Stunning 63 Surplus chicks 64

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Executive summary Background Animal welfare at slaughter is currently protected by the Welfare of Animals (Slaughter or Killing) Regulations 1995 (WASK). This transposes Council Directive 93/119/EC on the protection of animals at the time of slaughter or killing. On 1st January 2013 a new EU Regulation, 1099/2009 on the protection of animals at the time of killing, comes into effect, replacing Directive 93/119/EC. This was developed in light of scientific developments, European Food Safety Authority opinions and public concern regarding poor practice in some member states. Its aim is to improve welfare in several key areas whilst ensuring a level playing field for business operators.

The issue This change in EU legislation means that WASK must be revoked, at least in part, and replaced with new domestic legislation to implement and enforce Regulation 1099/2009.

Regulation 1099/2009 mainly comprises technical rules that are directly applicable in all Member States. However, it adopts a more outcome-led approach than current domestic WASK legislation, setting out a number of overarching welfare requirements that must be met while giving relatively little detail on how this should be achieved. This could potentially give rise to gaps in protection compared with current domestic legislation. To offset this, Regulation 1099/2009 provides the option to retain national rules existing in domestic legislation in 2009 (when the Regulation came into force) and/or to introduce new national rules on slaughter outside a slaughterhouse, farmed game, and religious slaughter where these go beyond the Regulation in terms of protecting animal welfare.

This flexibility in how the Regulation is implemented is unusual and the Scottish Government must consider the public-good benefits, ethical considerations, and the financial costs to businesses attached to taking advantage of it. We must also consider the most appropriate way of enforcing those directly applicable elements of the Regulation in Scotland. This Consultation is one method by which we shall gather information to inform the final shape of the implementing legislation. The Consultation is running for 8 weeks from 29th August to 26th October 2012

Key points

Directly applicable measures Regulation 1099/2009 mainly comprises technical rules that are directly applicable in all Member States. These give rise to changes in, for example: the scope of the legislation, licensing arrangements, management practices, operational practices, and stunning requirements. This consultation outlines in more detail what these changes are, provides a link to the Regulation for further information, but does not seek views on

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these changes as we have no option but to implement them as they stand. However, work has been undertaken in conjunction with other UK Administrations on proposals for mechanisms to implement these changes in a consistent manner across the UK; for example on training, licensing mechanisms, enforcement, offences and penalties. Views on these aspects are being sought.

Certificates of Competence One aspect of the directly applicable measures that will be of particular interest is the transition from WASK slaughter licences to Regulation 1099/2009 Certificates of Competence. The EU Regulation introduces a two-step approach to licensing, with a requirement to undergo training and assessment by a body free from any conflict of interest and to exchange the resulting qualification certificate for a Certificate of Competence. Under the new system, training and assessment to obtain a Certificate of Competence will be independent of the competent authority and will be delivered as a qualification in line with an agreed framework and awarded by independently accredited organisations. Crucially, the requirement for training and a Certificate of Competence will be extended to those handling livestock prior to slaughter, including in lairage.

The Scottish Government are working to provide a training framework for Scotland in line with the framework that will be made available in the rest of the UK. Both the framework and any Awarding Organisations will be accredited by the Scottish Qualifications Authority. At this point, it is unlikely that courses will be available before December 2012; we acknowledge that this is far from ideal but propose a mechanism to allow existing workers requiring training under the new Regulation to continue working until they can obtain that training. We are aware of the possible financial implications of this training requirement for small and remote businesses in particular and seek early views on this.

Until 8th December 2015, Regulation 1099/2009 allows Member States to establish a simplified approach to issue of Certificates of Competence for staff with three or more years relevant professional experience. The Scottish Government intends to take full advantage of this opportunity in line with the rest of the UK and had been working with Defra and the other Devolved Administrations. Proposals are outlined and views are sought on these.

Existing national rules Regulation 1099/2009 allows Member States to maintain national rules existing when the Regulation came into force on 8 December 2009 where these provide more extensive protection of animals at the time of killing than the minimum standards prescribed by Regulation 1099/2009. There are a number of specific areas where the Regulation might be considered to set lower welfare standards than currently apply in the UK - these are outlined in this consultation. The Scottish Government is committed to keeping regulatory burdens to a minimum and would not normally consider the use of national rules to supplement provisions in an EU regulation. However we are also committed to securing good standards of animal welfare. For this reason, and after initial discussion with key stakeholders, our starting principle will be to maintain all

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existing national rules that go beyond Regulation 1099/2009. The Scottish Government will only consider proposals for the removal of specific national rules where there are valid reasons to do so and where doing so does not compromise animal welfare. This consultation provides you with an opportunity to propose the removal of existing national rules where you consider such action necessary.

New national rules Regulation 1099/2009 also allows the introduction of new stricter national rules to improve welfare protection given to animals killed outside a slaughterhouse, farmed game and animals killed by methods prescribed by religious rites. It is Scottish Government policy to avoid imposing unnecessary additional regulatory burdens on industry. However, we are also committed to improving animal welfare. A number of suggestions for new stricter national rules have been made and inclusion of some or all of these suggestions in the implementing legislation will be considered on a case by case basis where there is objective evidence that doing so will significantly improve animal welfare. This consultation gives you the opportunity to comment on the suggestions made to date, and to propose additional or alternative new stricter national rules in these three specific areas.

Religious slaughter Slaughter without pre-stunning is permitted for religious purposes by Regulation 1099/2009, but the conditions laid down for welfare protection in this situation are far behind existing UK legislation. The Regulation does allow Member States to impose further conditions or even to ban the practice through national rules. There are obviously strong feelings from both perspectives as to how far this opportunity should be taken. No slaughter without stunning currently occurs in Scotland; however, the Scottish Government recognises the right of members of religious communities to eat meat prepared in accordance with their religious beliefs. We intend to maintain existing national rules on religious slaughter. We will only consider new national rules where there is evidence of a likely beneficial impact on welfare and where to do so does not prevent the production of meat according to religious beliefs. This consultation provides an opportunity to comment on these proposals.

Differences within the UK Regulation 1099/2009 is directly applicable to all Member States but the flexibility surrounding national rules means that there is the potential for differences between UK Administrations in a number of areas. Feedback from Scottish stakeholders to date suggests that there is a willingness to go much further to legislate to improve animal welfare at slaughter in Scotland than appears to be the case in some other parts of the UK at present. We feel that this stance should be but we would not wish to create difficulties for the Scottish industry when interacting with the rest of the UK industry. Views on this question are therefore sought.

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Compulsory CCTV There have been calls for the Scottish Government to make the use of CCTV in slaughterhouses compulsory. We acknowledge that CCTV could provide, alongside other methods, inconspicuous monitoring; however it also has limitations. In addition, an FSA report (May 2012) recently found no significant variation in compliance levels with WASK between those premises with or without CCTV. We are aware that the Scottish Parliament Cross Party Animal Welfare Group has convened a subgroup to take forward a detailed survey on CCTV and we expect to receive recommendations from them, probably in autumn 2012. However, in order to fully appraise the proposal for compulsory CCTV, we would also need to consider the burdens a regulatory approach would place on small and medium size businesses, as well as the overall impact that CCTV might have in reducing welfare abuses in slaughterhouses. Given the time constraints for implementing Regulation 1099/2009, we do not plan to pursue proposals for compulsory CCTV further at this time. However, we may re-visit the matter in future should there be clear objective evidence that making CCTV compulsory would have a significant benefit to welfare monitoring beyond that of methods already available. This consultation seeks views in that context.

Conclusion The Scottish Government appreciates that this is a long consultation document; however, we hope that you agree that this is not unnecessarily so. Implementing EU Regulation 1099/2009 is a hugely complex project, and it is crucial that we get as much information from stakeholders and people dealing with the day to day practicalities as possible. We want to ensure that this Regulation is implemented in the most appropriate way for Scotland, and the Scottish Government would very much appreciate your help in determining what Scotland’s approach should be.

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Part I – About this consultation Topic of this consultation This consultation seeks views on proposals to implement EU Regulation 1099/2009 on the protection of animals at the time of killing, in Scotland, with effect from 1 January 2013.

Animal welfare at slaughter is currently protected by the Welfare of Animals (Slaughter or Killing) Regulations 1995, which transposes Council Directive 93/119/EC. On 1st January 2013 a new EU Regulation, 1099/2009 on the protection of animals at the time of killing, comes into effect, replacing Directive 93/119/EC. This was developed in light of scientific developments, EFSA opinions and public concern regarding poor practice in some member states. Its aim is to improve welfare in several key areas whilst ensuring a level playing field for business operators.

Scope of this consultation Regulation 1099/2009 mainly contains technical rules directly applicable in all MS; however, it provides the option to retain national rules existing in domestic legislation in 2009 (when the Regulation came into force) and/or to introduce new national rules on slaughter outside a slaughterhouse, farmed game, and religious slaughter where these go beyond the Regulation in terms of protecting animal welfare.

This Scottish Government consultation aims to inform you of the key rule changes directly applicable to all Member States and to seek views on proposed legislation to implement Regulation 1099/2009 (the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012). This will:

Establish measures to implement Regulation 1099/2009 in Scotland. Potentially maintain existing national rules where welfare standards are higher

than those in Regulation 1099/2009. Potentially introduce new stricter national rules in relation to religious slaughter,

slaughter outside a slaughterhouse and farmed game. Lay down transitional measures, penalties, sanctions and offences for breaches

of Regulation 1099/2009 and stricter national rules.

We are not asking for views on directly applicable elements; however, we are asking questions regarding existing and new national rules; transitional measures; and penalties, sanctions and offences. We are also taking this opportunity to seek views on compulsory CCTV in slaughterhouses; however we are not planning to take further work on this forward at present.

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Geographical extent The new domestic regulations will apply in Scotland only. Separate implementing regulations will be made in England, Wales and Northern Ireland.

Business and regulatory impact assessment It is intended to gather information relating to the likely impact of implementing Regulation 1099/2009 on businesses separately from this consultation. However, if you have any issues that you would like to raise at this point you may do so at Consultation question 30: ‘Do you have any other comments on the implementation of Regulation 1099/2009 in Scotland?’.

Audience Anyone may reply to this consultation. The Scottish Government would like to hear from anyone with an interest including food business operators, livestock and poultry keepers, animal welfare organisations, veterinary interests, faith groups and members of the public.

Body Responsible for the consultation The Scottish Government’s Animal Welfare Team is responsible for the policy and this consultation.

Duration This consultation started on 29th August 2012.

This consultation closes on 26th October 2012.

Please note that a consultation period of 8 weeks applies, reflecting previous face to face consultation with key stakeholders during March and April 2012 and the requirement to implement Regulation 1099/2009 by 1 January 2013.

How to make an enquiry If you have any queries relating to this consultation contact Pam Kennedy on 0300 244

6673.

The Scottish Government Consultation Process Consultation is an essential and important aspect of Scottish Government working methods. Given the wide-ranging areas of work of the Scottish Government, there are many varied types of consultation. However, in general, Scottish Government consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work.

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The Scottish Government encourages consultation that is thorough, effective and appropriate to the issue under consideration and the nature of the target audience. Consultation exercises take account of a wide range of factors, and no two exercises are likely to be the same.

Typically Scottish Government consultations involve a written paper inviting answers to specific questions or more general views about the material presented. Written papers are distributed to organisations and individuals with an interest in the issue, and they are also placed on the Scottish Government web site enabling a wider audience to access the paper and submit their responses. Consultation exercises may also involve seeking views in a number of different ways, such as through public meetings, focus groups or questionnaire exercises. Copies of all the written responses received to a consultation exercise (except those where the individual or organisation requested confidentiality) are placed in the Scottish Government library at Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, telephone 0131 244 4565).

All Scottish Government consultation papers and related publications (e.g. analysis of response reports) can be accessed at: Scottish Government consultations (http://www.scotland.gov.uk/consultations)

The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process, along with a range of other available information and evidence. Depending on the nature of the consultation exercise the responses received may:

indicate the need for policy development or review inform the development of a particular policy help decisions to be made between alternative policy proposals be used to finalise legislation before it is implemented

Final decisions on the issues under consideration will also take account of a range of other factors, including other available information and research evidence.

While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.

This consultation, and all other Scottish Government consultation exercises, can be viewed online on the consultation web pages of the Scottish Government website at http://www.scotland.gov.uk/consultations.

The Scottish Government has an email alert system for consultations, http://register.scotland.gov.uk. This system allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new consultations (including web links). It complements, but in no way replaces SG distribution lists, and is designed to allow stakeholders to keep up to date with all SG

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consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.

Responding to this consultation paper We are inviting responses to this consultation paper by 26th October 2012

To improve ease of analysis of the consultation responses we would be grateful if, where possible, you could use the online survey facility hosted by Questback, which can be accessed via www.scotland.gov.uk/animal-slaughter. Please note that this facility does not reliably allow you to save a part-completed consultation and return to it later. We therefore recommend that you fully consider this Consultation Document and all the questions before sitting down to complete the on line survey.

Alternatively, you may use the Consultation Questionnaire Word document supplied to provide your response electronically by sending it, along with your completed Respondent Information Form (see "Handling your Response" below) to:

AnimalWelfareConsultations@scotland.gsi.gov.uk

Handwritten responses will be accepted, although the previous methods are preferable. Again, you should use the Consultation Questionnaire provided as this will aid our analysis of the responses received. Please send your response, along with your completed Respondent Information Form, to:

Consultation Animal Welfare Team P Spur Saughton House Broomhouse Drive EH11 3XD

Please note that due to time constraints, responses not using either the online Questback survey or the Consultation Questionnaire Word document provided may not be considered in the analysis of this consultation.

Handling your response We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. If using the Consultation Questionnaire Word document, please complete and return the Respondent Information Form enclosed with this consultation paper as this will ensure that we treat your response appropriately. Similar questions will be asked as part of the Questback survey. If you ask for your response not to be published we will regard it as confidential, and we will treat it accordingly.

All respondents should be aware that the Scottish Government are subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have

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to consider any request made to it under the Act for information relating to responses made to this consultation exercise. If appropriate, please explain why you need to keep details confidential. We will take your reasons into account if someone asks for this information under Freedom of Information legislation. However, because of the law, we cannot promise that we will always be able to keep those details confidential.

Next steps in the process Where respondents have given permission for their response to be made public and after we have checked that they contain no potentially defamatory material, responses will be made available to the public (see the attached Respondent Information Form). These will be made available to the public in the Scottish Government Library and on the Scottish Government consultation web pages by October 2012. You can make arrangements to view responses by contacting the SG Library on 0131 244 4552. Responses can be copied and sent to you, but a charge may be made for this service.

Following the closing date, all responses will be analysed and considered along with any other available evidence to help us reach a decision on how best to implement EU Regulation 1099/2009 on the protection of animals at the time of killing, in Scotland. We aim to issue a report on this consultation process and to lay legislation before the Scottish Parliament by November 2012

Comments and complaints An opportunity to provide comments on your experience of the consultation is provided as part of the consultation survey/questionnaire. Alternatively you may also send any comments that you may have about how this consultation exercise has been conducted to the contact details in the ‘Responding to this consultation’ section.

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Part II – Background information Purpose and Scope of Regulation 1099/2009 Welfare at slaughter or killing is currently subject to the requirements of Council Directive 93/119/EC, which has been transposed in Great Britain by the Welfare of Animals (Slaughter or Killing) Regulations 1995 (WASK) as amended. In 2008 the Commission brought forward proposals to replace Directive 93/119 with a new EU Regulation, which, unlike the EU Directive, contains legal obligations that are directly applicable and binding in their entirety in Member States. In proposing a Regulation the Commission’s general objectives were to improve the protection of animals at the time of slaughter or killing, while ensuring a level playing field for all business operators concerned, so that their competitiveness is not affected by discrepancies in their production costs or their market access.

Regulation 1099/2009 on the protection of animals at killing was made by the European Council in September 2009 and comes into effect on 1 January 2013 (although some measures in relation to layout, construction and equipment in slaughterhouses do not come into effect until December 2019 for existing slaughterhouses). The Regulation will be directly applicable in all Member States including the UK. Directive 93/119 will be repealed when Regulation 1099/2009 comes into effect, except for specific articles subject to transitional provisions and listed in the Regulation.

Regulation 1099/2009 provides a legal framework to ensure that overarching welfare outcomes are achieved, namely that the best possible welfare standards are achieved when killing animals in specific situations. The detail of how this will be achieved is often left to business operators to dictate according to their local situation. This approach differs slightly to the current WASK regulation, which although it also establishes overarching welfare requirements, gives additional detailed technical standards required for key aspects of the slaughter process on the assumption that if these standards are met, the required welfare outcomes will be achieved.

Regulation 1099/2009 will apply to the killing of all animals bred and kept for the production of food, wool, skin, fur and other products in slaughterhouses and on farms, as well as to depopulation for disease control and to related operations. . It will ensure that vertebrate animals (including poultry and fish, but excluding reptiles and amphibians) are spared any avoidable pain, distress or suffering at the time of killing.

Animals (other than fish) must be killed by an approved method that leads to instant death or death after stunning. The only exceptions to this are where slaughter is carried out in accordance with religious rites (e.g. Halal or Schechita), subject to any national rules in place in individual Member States, or where animals are killed in an emergency.

Regulation 1099/2009 does not apply to animals killed during scientific experiments, hunting, recreational fishing, cultural or sporting events or to rabbits and poultry slaughtered outside a slaughterhouse by their owner for his/her private domestic

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consumption. Some aspects of Regulation 1099/2009 only apply to slaughter activities. In this context it is important to note that Regulation 1099/2009 defines slaughter as killing for human consumption, not causing the death of an animal by bleeding as is currently the case under WASK.

In Scotland, Regulation 1099/2009 will impact on the welfare of a significant number of animals slaughtered or killed annually:

55 million poultry 1.5 million sheep 645 thousand pigs 616 thousand farmed game 426 thousand cattle 196 goats

Regulation 1099/2009 will affect all 52 Food Business Operators (FBOs) in Scotland involved in slaughtering pigs, poultry, cattle, sheep, farmed game and other species. In addition Regulation 1099/2009 will impact on the seasonal on-farm slaughter of poultry. It will also impact on 26,000 livestock/poultry farmers and others involved in killing animals outside a slaughterhouse. There will be an impact on companies manufacturing equipment for use in slaughterhouses. Government agencies e.g. the Food Standards Agency (FSA) and Animal Health Veterinary Laboratory Agency (AHVLA), which are responsible for approving facilities, verification and enforcement activities and supervision of depopulation operations, will also be affected. In addition, there is a wider impact on society as members of the public generally expect the Scottish Government to ensure that animals are treated humanely at the time of slaughter or killing.

A copy of Regulation 1099/2009 can be found at:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:303:0001:0030:EN:PDF

A copy of WASK can be found at:

http://www.legislation.gov.uk/uksi/1995/731/contents/made

Objectives for intervention There are public good benefits and ethical considerations associated with the conduct of animal slaughter that provide a rationale for the Government’s involvement. Whilst Regulation 1099/2009 is directly applicable to all Member States it also requires Member States to lay down rules on penalties and to take all measures to ensure they are implemented. Penalties must be effective, proportionate and dissuasive. In addition, Article 26(1) of Regulation 1099/2009 allows Member States to maintain existing national rules ensuring more extensive welfare protection than the minimum standards provided under Regulation 1099/2009 and Article 26(2) allows Member States to adopt new national rules in relation to religious slaughter, slaughter outside a slaughterhouse and slaughter of farmed game. To avoid duplication of statutory requirements redundant

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elements of the current legislative framework must be repealed where superseded by Regulation 1099/2009. These measures require Government intervention.

Previous consultation The Scottish Government held meetings with key representatives of the slaughter and farming industries, religious communities and animal welfare organisations during March and April of 2012. These were intended to provide an overview of Regulation No 1099/2009 on the protection of animals at the time of killing and to initiate discussion on any key issues to assist the Scottish Government (SG) with the production of a more focused consultation paper.

Directly applicable measures in Regulation 1099/2009 Regulation 1099/2009 adopts an outcome-led approach. It sets out a number of overarching welfare requirements that must be met to ensure the welfare of animals is protected when they are killed, but gives relatively little detail on how this should be achieved. It obliges any person, including business operators, to ensure that animals are spared any avoidable pain, distress or suffering during their killing and related operations and requires business operators to take measures to ensure that animals:

Are provided with physical comfort and protection, in particular by being kept clean in adequate thermal conditions and prevented from falling or slipping.

Are protected from injury. Are handled and housed taking into consideration their normal behaviour. Do not show signs of avoidable pain or fear or exhibit abnormal behaviour. Do not suffer from prolonged withdrawal of feed or water. Are prevented from avoidable interaction with other animals that could harm their

welfare.

Regulation 1099/2009 goes on to establish a framework for business operators to work within to ensure that these requirements are met; these requirements are all directly applicable in every Member State. However, although there is an element of prescription, the Regulation provides a measure of flexibility for business operators to determine how these requirements are met at an individual business level through Standard Operating Procedures (SOPs).

Current provisions in WASK also include a general welfare provision requiring persons to ensure that they do not cause or permit any animal to sustain any avoidable excitement, pain or suffering. WASK then goes on to prescribe detailed rules for many individual aspects of the slaughter process, leaving business operators very little discretion in those areas as to how they meet this overarching requirement. However, in some areas e.g. electrical waterbath stunning parameters, Regulation 1099/2009 is more prescriptive.

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There is little difference in the overarching welfare outcomes that business operators must achieve in relation to those activities where both Regulation 1099/2009 and WASK apply. However, Regulation 1099/2009 raises the standard of some of the existing welfare outcomes required and adds new overarching welfare outcomes. As a result the Regulation requires a slightly higher standard of welfare to be achieved overall than WASK but allows more flexibility in how that is achieved. In its final form, Regulation 1099/2009 will introduce improved welfare protection in all Member States in a number of areas.

Regulation 1099/2009 introduces the following new, directly applicable obligations from 1st January 2013:

Scope Scope widened to include animals bred for production. Slaughterhouse definition altered and linked to Regulation (EC) No

853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin.

Certificates of Competence Two step approach introduced with a requirement to undergo training and

assessment in specific areas related to the work being undertaken by a body free from any conflict of interest and to exchange the resulting qualification certificate for a Certificate of Competence.

Provision for issuing Temporary Certificates of Competence to allow trainees to work under supervision.

No time limit on validity of Certificate of Competence. Ensure bodies given delegated authority to issue a Certificate of Competence have

the necessary expertise, staff and equipment. Establish a simplified approach to issue of Certificates of Competence, over the

period to 8 December 2015, to staff with three or more years relevant professional experience.

Guides to Good Practice Develop and disseminate Guides to Good Practice.

Animal Welfare Officer Designate an Animal Welfare Officer for every slaughterhouse above a minimum

size. Role of Animal Welfare officer redefined and must record action taken to improve

welfare. Ensure every Animal Welfare Officer holds a Certificate of Competence for every

activity for which he/she is responsible.

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Management practices Any business operator carrying out killing and related operations falling under the

scope of 1099/2009 must draw up and implement Standard Operating Procedures (SOPs).

Must ensure all persons working with live animals (including lairage staff and live poultry hangers) in a slaughterhouse hold a Regulation 1099/2009-compliant Certificate of Competence.

Manufacturers must provide instructions for the use of restraining and stunning equipment.

Introduce and implement monitoring procedures in slaughterhouses. Derogation for depopulation reporting where welfare covered by Animal Disease

notification System.

Operational practices Pens in the lairage should have a sign showing time of arrival and maximum

number of animals. Electric stimulation can be performed once unconsciousness has been verified. Must ensure equipment is maintained in accordance with manufacturer’s instructions

and a record is maintained. Prohibit the use of cervical dislocation and concussion for the routine slaughter

poultry and restrict its use for slaughter under other situations Cervical dislocation limit increased to 70 birds per day where mechanical device

used. Lines used to shackle live poultry must incorporate breast comforters. * Ensure birds are not be suspended live for more than: chickens, 1 minute; ducks,

geese and turkeys, 2 minutes. *

Stunning Simple stunning concept introduced where the stunning method used does not

result in instantaneous death. Additional stunning checks introduced with a derogation for reliable methods. Percussive blow included as a permitted stunning method. Restrict the use of non penetrative captive bolt to animals of 10 Kg. Prohibit the use of decapitation as a method of stunning Use of biphasic CO2 and CO2 plus inert gases incorporated. Gas stunning methodology amended to incorporate use of Containerised Gassing

Units. Constant current only required for automatic equipment associated with

restrainers (Excluding poultry). Constant current requirement for waterbaths removed. Use specific currents and frequencies to stun poultry in an electric waterbath and

head only stunning of named animals. Ensure automatic stunning equipment deliver a constant current. *

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Ensure electrical and gas stunning equipment is fitted with a device to record key parameters and keep records for one year. *

Restraint Instructions for use of restraining and stunning equipment to be published on the

internet. Instructions to cover maintenance and operators to maintain a record of

maintenance. Animal must not be restrained unless operator is ready to stun or bleed.

Slaughter for religious purposes Ensure all animals slaughtered in accordance with religious rites are individually

restrained. Ensure ruminants slaughtered in accordance with religious rites are mechanically

restrained.

Scientific advice National reference centre replaced by the need to ensure independent scientific

support is provided.

Enforcement Non compliance provisions strengthened to allow competent authority to require

changes to Standard Operating Procedures.

Note: * applies to existing slaughterhouses from 8 December 2019

Member States have no discretion over the introduction of the directly applicable elements of Regulation 1099/2009 and this consultation will not address them.

National Rules There are a number of areas where the agreed Regulation is less prescriptive and might be considered to set lower welfare standards than currently apply in the UK. For example, if WASK was completely revoked it would:

Allow a third party to slaughter an animal outside a slaughterhouse for the owner’s private consumption.

Permit small scale slaughter/killing of poultry and rabbits for direct supply. Permit killing of casualty animals by a knackerman, without a certificate of

competence. Allow persons under 18 to apply for a certificate of competence. Restrict consideration of previous offences for certificate of competence purposes

to last three years. Leave most aspects of religious slaughter unregulated, removing: the prohibition

on inversion of cattle; the minimum period between neck cut and subsequent movement; and the requirements relating to the condition of the knife and the role

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of the Rabbinical Commission (which currently trains and licences slaughtermen in Shochetim for the Jewish community).

Remove the requirement that slaughter without stunning must be undertaken by a Jew or Muslim for the food of Jews or Muslims, respectively.

Where the Regulation sets lower standards than those currently applying in individual member states, Regulation 1099/2009 allows national rules to be used to maintain national levels of animal welfare protection existing when the Regulation came into force in 2009. In addition it allows the introduction of new stricter national rules to improve welfare protection given to animals killed outside a slaughterhouse, farmed game and animals killed without prior stunning for religious purposes. This consultation concentrates on these discretionary aspects of the implementation arrangements.

Areas where it is considered that existing provisions in WASK go beyond Regulation 1099/2009 are outlined in Annex 2. It is the Scottish Government’s intention to maintain these provisions unless there are valid reasons for not doing so.

Suggestions raised at meetings held with Stakeholders prior to this consultation for potential new stricter national rules in the three areas permitted are outlined in relevant sections later in this document. It is Scottish Government policy to avoid imposing unnecessary additional regulatory burdens on industry and inclusion of some or all of these suggestions in the implementing legislation will be considered on a case by case basis and only if there is objective evidence that doing so will significantly improve animal welfare.

Falling out of Scope There are a number of differences in scope between Regulation 1099/2009 and WASK. As a consequence, if WASK was revoked entirely it would:

Allow non stun slaughter of poultry, rabbits and hares outside a slaughterhouse by their owner for private domestic consumption.

Remove current basic welfare protection for reptiles, amphibians and invertebrates (including crustaceans) where such animals are kept and killed for food.

It is the Scottish Government’s intention to maintain the existing levels of animal welfare protection in these situations unless there are valid reasons for not doing so. The Scottish Government may lay separate secondary legislation under the Animal Health and Welfare (Scotland) Act 2006 to achieve this.

Enforcement Regulation 1099/2009 is directly applicable in UK law. However, to ensure that business operators comply with the obligations of Regulation 1099/2009 it is necessary for Member States to make domestic regulations to establish an effective enforcement regime with proportionate, dissuasive and effective penalties and sanctions. In addition it will be necessary to ensure that arrangements are in place to implement those aspects of

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Regulation 1099/2009 which require Member State or competent authority input. These involve the requirement to:

Encourage development of, and assess, Guides to Good Practice. Develop an action plan to ensure compliance with Regulation 1099/2009 during

depopulation (i.e. disease control) activities. Ensure sufficient independent scientific support is available. Establish arrangements for issuing Certificates of Competence.

There is a risk of infraction proceedings by the European Commission if the UK fails to meet these requirements.

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Part III – Detailed implementation proposals Implementing regulations The Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 (WATOK) will be made under section 2(2) of the European Communities Act 1972. They will repeal WASK in so far as it applies in Scotland with the exception of:

The transitional measures (see below) retained in accordance with Article 28 and Article 29(1) of Regulation 1099/2009.

The national rules retained in accordance with Article 26 (1) of Regulation 1099/2009

Competent authority Scottish Ministers will be designated the competent authority for the purposes of:

Assessing Guides to Good Practice drawn up by business operator organisations in accordance with Article 13(3).

Developing and publishing Guides to Good Practice in accordance with Article 13(4).

Establishing and implementing an action plan for any depopulation operation in accordance with Articles 18(1) and (2).

Granting derogations from compliance with Regulation 1099/2009 in accordance with Article 18(3).

Submitting a report to the European Commission on any depopulation operations carried out and publicising the report on the Internet in accordance with Article 18(4).

Ensuring the availability of training courses in accordance with Article 21(1)(a). Approving training programmes and the content of the final examination in

accordance with Article 21(1)(c). Delegating the organisation of training courses and final examination to a

separate body or entity in accordance with Article 21(2) and publishing details of any delegation on the Internet.

Publicising an up-to-date list of qualifications on the Internet which are recognised as equivalent to a certificate of competence in accordance with Article 21(7).

Notifying a suspension or withdrawal of a certificate of competence granted outside the UK to the granting competent authority.

The UK Secretary of State will act as the Member State for the purpose of:

Forwarding to the Commission all Guides to Good Practice validated by the competent authority. (Article 13(5)).

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Establishing or maintaining national rules for mobile slaughterhouses; adopting derogations from the rules set out in Annex II for mobile slaughterhouses; making amendments necessary to adapt Annex II to take account of scientific and technical progress. (Article 14(3)).

Ensuring that sufficient independent scientific support is available (Article 20). Notifying penalty provisions to the Commission by 1 January 2013 and notifying

of any subsequent amendment affecting them (Article 23).

The Food Standards Agency, Animal Health Veterinary Laboratories Agency and Scottish Ministers may act as the competent authority for the purposes of:

Receiving documents or records in accordance with Articles 6(4) on Standard Operating Procedures, 9(1) on maintenance records for restraining and stunning equipment, and 17(5) on Animal Welfare Officer Records on action taken to improve animal welfare.

Receiving and assessing information on the layout, construction and equipment of slaughterhouses supplied by the business operator in accordance with Article 14(2).

Issuing and delivering Certificates of Competence attesting the passing of an independent final examination in accordance with Article 21(1)(b).

Issuing temporary Certificates of Competence in accordance with Article 21(5); Taking steps in the event of non-compliance with the EU Regulation in

accordance with Article 22(1).

Consultation question 1. Do you agree with the suggested allocation of competent authority and Member State responsibilities?

Derogations Regulation 1099/2009 permits the competent authority to derogate from any provision of the Regulation in exceptional circumstances where the competent authority considers compliance is likely to affect human health or significantly slow down the process of eradication of a disease.

It is proposed that a measure should be included giving effect to this derogation and which would require Scottish Ministers to introduce derogations by means of a notice which:

Must be in writing; May be general or specific; May be subject to conditions; Must be published in such manner as Scottish Ministers think fit; and May at any time be amended, suspended or revoked in writing.

For the purpose of this provision “disease” would be defined as comprising any disease of animals. This process could be used to authorise alternative killing methods not included at Annex 1 to Chapter 1 of Regulation 1099/2009.

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Consultation question 2. Do you agree that derogations should be authorised in wording by Scottish Ministers should exceptional circumstances arise?

Guides to Good Practice Regulation 1099/2009 requires Member States to encourage the development and dissemination of Guides to Good Practice by “organisations of business operators”. If business operators fail to develop and submit Guides to Good Practice the competent authority may develop and publish its own guidance in accordance with Article 13(4). We have no plans to develop guidance where organisations of business operators fail to do so. Where Guides to Good Practice are prepared, Regulation 1099/2009 requires them to be developed in consultation with NGOs, the competent authority and other interested parties. The competent authority is required to assess Guides to Good Practice to ensure they are consistent with Community guidelines. Once validated by the competent authority, guidance must be forwarded to the European Commission.

The British Meat Processors Association and British Poultry Council are drafting GGPs for red and white meat slaughter activities respectively. These documents are not covered by this consultation but further information can be obtained from the British Meat Processors Association (Fiona Steiger at fs@bmpa.uk.com) and the British Poultry Council (Richard Griffiths at RGriffiths:Britishpoultry.org.uk) respectively.

Certificates of Competence

Requirements Article 7(2) of Regulation 109/2009 requires every person undertaking the following slaughter operations to hold a Certificate of Competence (CoC) (where slaughter means killing for human consumption):

The handling and care of animals before they are restrained. The restraint of animals for the purpose of stunning or killing. The stunning of animals. The assessment of effective stunning. The shackling or hoisting of live animals. The bleeding of live animals. The slaughtering in accordance with Article 4(4) (Religious slaughter). The supervision of the killing of fur animals (not relevant in Scotland)

An Animal Welfare Officer must hold a CoC for every activity requiring a CoC for which he/she is responsible.

Under Regulation 1099/2009, this requirement does not apply to the following operations

Killing of production animals where they are not intended for human consumption, including culling and depopulation (killing of animals under the supervision of the

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competent authority for public health, animal health, animal welfare or environmental reasons)

Killing of poultry/rabbits/hares by owner for private domestic consumption Killing of animals by owner or person under supervision and responsibility of

owner for own domestic consumption Killing of animals outwith the definition of ‘animal’ (i.e., invertebrates, amphibians

and reptiles)

Article 11 of Regulation 1099/2009 also exempts persons involved in the slaughter of small quantities of poultry, rabbits and hares for direct supply of meat to the final consumer or local retail establishments from the requirement to hold a CoC. However, application of this derogation is contingent on the maximum number of animals involved being set by the Commission with assistance by the Standing Committee on the Food Chain and Animal Health. This has not yet been done and as a result, it has been assumed that the requirement to hold a Certificate of Competence (and the other measures in Regulation 1099/2009 that apply to slaughterhouses) will apply to all on-farm slaughter involving a direct supply.

Training Article 21 of the Regulation 1099/2009 requires Certificates of Competence to attest the passing of an independent final examination on subjects relevant for the categories of animals concerned and corresponding to specific operations. It allows competent authorities to delegate the final examination and the issuance of the certificate of competence to a separate body or entity that is independent and free from any conflict of interest in relation to assessment and issuing certificates. It also requires the competent authority to ensure that bodies providing or organising training have the necessary expertise, staff and equipment.

The Scottish Government are working to provide a training framework for Scotland in line with the framework that will be made available in the rest of the UK. Both the framework and any Awarding Organisations will be accredited by the Scottish Qualifications Authority. At this point, it is unlikely that courses will be available before December 2012; we acknowledge that this is far from ideal. We can confirm that the course framework is likely to be largely similar to that provided elsewhere in the UK; provisional module titles for each sector are provided at Annex 1 for information. It is worth noting that while we are not anticipating any particular issue with the availability of Awarding Organisations, the Scottish Government cannot guarantee that any organisations will come forward to take up this role in Scotland.

Application for a Temporary CoC Before applying for a Temporary CoC (TCoC) the applicant must register with an Awarding Organisation to undertake the accredited qualification for protecting the welfare of animals at the time of killing. When applying for a TCoC, applicants will be required to provide:

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Details of the categories of animal, operations and, if appropriate, the type of equipment for which a TCoC is sought.

A passport size photograph. Photo ID (e.g. passport or driving licence). Confirmation of registration on a training course with an Awarding Organisation

which covers the categories of animal, operations and, if appropriate, type of equipment, for which a TCoC is sought.

The application fee. A written declaration confirming he/she has not:

o Committed any offences under EU or national law on the protection of animals in the three years preceding the date of application,

o Held a previous TCoC for the same combination of species, operations and equipment.

Further written details if the applicant has:- o Been convicted of any offences under EU or national law on the protection

of animals prior to the three years preceding the date of the application. o Been refused a licence to slaughter or kill animals under the Slaughter of

Poultry Act 1967, the Slaughterhouses Act 1974, any regulations made under those Acts or WASK.

o Had any such licence to slaughter or kill animals revoked or suspended.

The Scottish Government is proposing to keep the national rule, currently applied under WASK that all prior convictions of welfare offences under national or EU legislation will be taken into consideration when assessing whether a person can be given a CoC (previously a slaughter licence). This goes further than the provision under Regulation 1099/2009, which only requires applicants to declare welfare offences committed in last 3 years. The Competent Authority will take past welfare convictions into account when determining whether a person is fit and proper to hold a CoC or TCoC.

The person receiving the application (OV in approved slaughterhouses or AHVLA Veterinary Officer / FSA CoC processing team for other premises) will issue a receipt of application permitting the person to work under supervision while the application is processed by the FSA and the TCoC is issued.

Application for a CoC If the applicant is working under a TCoC, he / she may apply for the TCoC to be converted into a CoC. If a person wishes to continue working, this must be done before the TCoC expires. A second TCoC will not be issued unless exceptional circumstances (e.g. sudden illness) have prevented the applicant undertaking the final assessment.

When applying for a full CoC the applicant will be required to provide:

A qualification certificate from an Awarding Organisation (or a Licence to practice Shochetim from the Rabbinical Commission) confirming that he/she has been assessed as competent and indicating the species, operation and equipment to which it relates.

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The application fee. A written declaration confirming he / she has not:

o Committed any offences under EU or national law on the protection of animals in the three years preceding the date of application.

o Held a previous TCoC for the same combination of species, operations and equipment.

Further written details if the applicant has: o Been convicted of any offences under EU or national law on the protection

of animals prior to the three years preceding the date of the application. o Been refused a licence to slaughter or kill animals under the Slaughter of

Poultry Act 1967, the Slaughterhouses Act 1974, any regulations made under those Acts or WASK.

o Had any such licence to slaughter or kill animals revoked or suspended.

Refusal, suspension and withdrawal of CoCs The Competent Authority may refuse to grant a TCoC or CoC if the applicant fails to provide any of the required information listed above or if the Competent Authority is satisfied that the applicant is not a fit and proper person to hold a CoC or TCoC. An applicant will have the right to appeal any decision made by the Competent Authority to refuse to issue a TCoC or CoC. Awarding Organisations have separate procedures in place to deal with appeals against assessment decisions. A decision to refuse a CoC or TCoC will be served on the applicant by a formal notice that will confirm the reasons for the refusal and provide details of the right to appeal.

The Competent Authority may also suspend or withdraw a CoC or TCoC if satisfied that any provision of the EU Regulation or the new domestic regulations has been contravened. As with decisions to refuse a CoC or TCoC, a decision to suspend or withdraw a TCoC or CoC will be confirmed by a formal notice that will:

Give reasons for the suspension or withdrawal. State when the suspension or withdrawal comes into effect and, in the case of

suspension, state on what date or event it is to cease to have effect. Give details of the right of appeal against the decision.

CoC Transitional arrangements It is proposed that specific arrangements should be introduced in relation to the issue of CoCs for people in employment before 1 January 2013 and for some WASK licence holders who can demonstrate that they have at least three years’ relevant professional experience. Under these arrangements:

Anyone with a WASK licence issued before 1st January 2010 will have until 8th December 2015 to apply for a CoC.

Anyone with a WASK licence issued after 1st January 2010 who cannot demonstrate they have at least 3 years’ relevant professional experience will have until 1st July 2013 to apply for a CoC.

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Anyone with a WASK licence issued after 1st January 2010 who can demonstrate they have at least 3 years’ relevant professional experience will have until 8th December 2015 to apply for a CoC.

Anyone engaged in a lairage/handling operation before 1st January 2013 who can demonstrate at least 3 years’ professional experience in that operation will have until 8th December 2015 to apply for a CoC, provided they obtain a transitional CoC before 30th January 2013.

Anyone engaged in a lairage/handling operation before 1st Jan 2013 who has less than 3 years’ professional experience in that operation will have until 1st July 2013 to apply for a CoC, provided they obtain a transitional CoC before 30th January 2013.

Under this approach:

Current WASK licences will continue in force after 1st January 2013 on a time-limited basis

All lairage workers and other persons involved in live animal handling who do not currently require a WASK licence will need to apply for a transitional CoC by 30th January 2013, and provide:

o Evidence that they were engaged in that operation before 1st January 2013.

o A written declaration that they have not committed any welfare offences under EU or national legislation in the preceding 3 years.

o Written details that they have not been convicted of any welfare offences at any point in time or previously been refused a licence.

Simplified Procedure for three years’ professional experience Until 8th December 2015, Regulation 1099/2009 allows Member States to establish a simplified approach to issue of Certificates of Competence for staff with three or more years relevant professional experience. The UK intends to take advantage of this. Three years’ professional experience is not defined in Regulation 1099/2009.

Definition of 3 years experience

For clarification, it is proposed that three years relevant professional experience be interpreted as follows:

A person will be deemed to have three years’ relevant professional experience if they have accrued at least 3 years’ (720 days) experience in a relevant operation since 1st January 2008.

Professional experience in this context is interpreted to mean carrying out a relevant operation in the course of employment or in a professional capacity for financial reward, but should exclude any experience gained whilst working under the supervision of a veterinary surgeon in accordance with a provisional licence granted under the Welfare of Animals (Slaughter or Killing) Regulations 1995.

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When calculating experience accrued, a person must be able to demonstrate that the experience relates to the relevant operation, species of animal, and where relevant, categories of equipment for which a certificate of competence is sought.

For certain operations (i.e. the handling and care of live animals before restraint), it is proposed that appropriate experience gained in a general husbandry context should be considered relevant experience for that type of operation.

Three years’ relevant professional experience must have accrued by the time Regulation 1099/2009 comes into force on 1 January 2013. Applicants will be expected to sign a declaration at the application stage confirming that they had accrued at least three years’ relevant professional experience on 1 January 2013. Applicants may be asked to provide supporting evidence if appropriate, when they apply for a CoC / Transitional CoC.

Simplified procedure

Under the simplified procedure, persons that can demonstrate they have at least three years’ experience in an operation will not have to submit a qualification certificate at the application stage, provided that they meet certain conditions. The conditions will vary depending on whether the applicant is an existing licence holder or a person that has been employed in certain handling operations (e.g. lairaging, shackling, hoisting) that do not currently require a licence under WASK.

For WASK licence holders the following conditions will apply and applicants must provide:

A passport size photograph and photo ID Details of the species, operations and equipment to which their experience

relates and for which a CoC is sought. A written declaration that they have at least three years’ professional experience

in the relevant operations (and relating to the same species of animal and type of equipment).

A written declaration they have not committed any welfare offences in the preceding three years.

Written details confirming they have not been convicted of any welfare offences under EU or national legislation at any point in time or previously been refused a licence.

For persons not currently required to work under a WASK licence the following conditions will apply and applicants must provide:

Be practically assessed by an authorised veterinarian who confirms that the person is competent to undertake the operations and has sufficient knowledge of all relevant legislation and guidance relating to that operation.

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Submit written confirmation from the authorised veterinarian confirming a successful assessment in relation to the operations, species of animal and type of equipment for which a CoC is sought.

Provide a passport size photograph and photo ID Provide a written declaration that they have at least three years’ professional

experience in the relevant operation. Provide a written declaration that they have not committed any welfare offences

in the preceding three years. Provide written details confirming they have not been convicted of any welfare

offences under EU or national legislation at any point in time or previously been refused a licence.

It is proposed that all provisional WASK licences issued in the last three months of 2012 will cease to have effect on 1 January 2013. From that date persons will be expected to apply for a TCoC and undertake an assessment under the CoC arrangements.

Fees

Full cost recovery will apply to all aspects of the CoC arrangements including training and administration. Full details of the fees and costs involved are given in the later section on fees. We are aware of the possible financial implications of training requirements for small and remote businesses in particular. While data on this will be gathered separately during investigations relating to the Business and Regulatory Impact Assessment, we would appreciate any views you have on this at present.

Consultation question 3. Do you agree with the suggested approach to introduce the Regulation 1099/2009 Certificate of Competence arrangements?

Falling out of Scope Under Regulation 1099/2009 the following situations fall out of scope and no protection for animal welfare is provided:

Slaughter of poultry, rabbits and hares outside a slaughterhouse by their owner for private domestic consumption.

Slaughter of reptiles, amphibians and invertebrates (including crustaceans) where such animals are kept and killed for food.

It is the Scottish Government’s intention to maintain the levels of animal welfare protection in these situations already existing in WASK unless there are valid reasons for not doing so. This may need to be by laying separate secondary legislation under the Animal Health and Welfare (Scotland) Act 2006. Consultation question 4. Do you agree that none, some, or all of the existing provisions in WASK relating to the specified situations that fall out of scope under Regulation 1099/2009 should be retained in legislation under the Animal Health and

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Welfare (Scotland) Act 2006? Which, if any, provisions do you consider should be removed and why? What alternative arrangements could be put in place?

National rules

Existing national rules The Scottish Government is committed to keeping regulatory burdens to a minimum and would not normally consider the use of national rules to supplement provisions in an EU regulation. However the Scottish Government is also committed to securing good standards of animal welfare. Regulation 1099/2009 allows Member States to maintain national rules existing when the Regulation came into force on 8 December 2009 where these provide more extensive protection of animals at the time of killing than the minimum standards prescribed by Regulation 1099/2009.

During the Stakeholder meetings conducted over March and April 2012, it was recognised that retaining such existing provisions in legislation would provide greater protection for animal welfare than adopting other measures, for example moving the relevant WASK requirements to Guidance to Good Practice. In-principle agreement was reached by key representatives of slaughter and farming industries, religious communities and animal welfare organisations that such existing national rules should be retained in legislation unless there were valid reasons not to do so.

The Scottish Government will therefore adopt this starting principle and will only consider proposals for the removal of specific national rules where there are valid reasons to do so and where doing so does not compromise animal welfare.

The WASK provisions considered to provide more extensive protection than Regulation 1099/2009 and that The Scottish Government propose to keep in legislation are listed at Annex 2. Research funded by the Scottish Government in relation to poll stunning of water buffalo indicates that it might be possible to effectively stun these animals in the poll position, where this is done in a slaughterhouse and the stun to sticking interval is very short. We are not currently proposing any changes to permit poll stunning of water buffalo; however any views would be welcome.

Consultation question 5. . Do you consider that none, some or all of the WASK provisions identified at Annex 2 should be removed from legislation? Which, if any, provisions do you consider should be removed and why? What alternative arrangements could be put in place?

During the stakeholder meetings in March and April 2012, some existing national rules were singled out as worthy of particular consideration in this consultation:

Inversion of animals – this is currently banned under WASK; however Regulation 1099/2009 gives us the option of allowing inversion for religious slaughter. Two options were suggested during the stakeholder meetings: retain the existing WASK provisions, or revoke them and allow inversion up to a maximum of 90 degrees. Greater inversion

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was not considered necessary by representatives of religious communities, who considered this limited inversion little different from routine inversion to a horizontal position for foot trimmng on farm. However, it should be noted that in a recent FAWC Opinion (April 2012), it was considered that there is consistent scientific evidence of the significant welfare disadvantages of inverting cattle for slaughter. Cattle inversion was considered a direct cause of avoidable pain, distress and suffering during the animal’s killing and related operations. Evidence of a welfare benefit from inversion to 90 degrees will therefore be required if we are to consider this option. Such consideration will also need to take account of the report on restraining bovines by inversion which Regulation 1099/2009 requires the Commission to submit by 8 December 2012.

Consultation question 6. Do you consider that we should retain existing provisions prohibiting any inversion of animals, or that we should allow inversion up to a maximum of 90 degrees for slaughter for religious purposes? Can you provide supporting evidence for your choice?

Bleed time – WASK currently prohibits movement of animals killed without pre stunning before a specified number of seconds have passed (20s for goats, 30s for bovines, most birds 90s and turkey/goose 2 minutes) or the animal has stopped bleeding, which ever is the longer. Regulation 1099/2009 has no such requirement. Two options were proposed: retain the existing WASK provisions, or revoke them and add a new more suitable stricter rule; for example, for bovines research1 indicates that a significant number of animals will remain conscious post cut for more than 30 seconds and some for considerably longer. In view of this it has been suggested that the standstill period for cattle should be increased to 60 seconds..

Consultation question 7. Do you consider that we should retain existing WASK provisions on bleed time for non stun slaughter, or that we should revoke existing provisions and replace with a more suitable provision as a new stricter rule? Why? If you consider that existing provisions should be replaced, what should the new provision entail?

Targeting of non stunned meat to supply – WASK currently restricts religious slaughter to slaughter by the Jewish method for the food of Jews and by the Muslim method for the food of Muslims. This targeting of supply has not previously been enforced due to practical issues regarding traceability. Two options were proposed: revoke the provision in WASK as it is currently unenforceable, or retain the provision and find a way to effectively enforce it.

Consultation question 8. Do you consider that we should retain the existing WASK provision requiring the targeting of non stun meat to Jewish and Muslim communities? Why? How do you think it could be effectively enforced?

1 Time to collapse following slaughter without stunning in cattle. Neville Gregory Pages 66 – 69 Meat Science 2009.12.005 Published May 2010.

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Certificate of Competence requirements – WASK currently requires a slaughter licence to be held by knackermen and any person undertaking culling and disposal on farm, except in the case of certain activities that are excluded from this requirement (for example killing with a free bullet, or killing a bird by kneck dislocation at the holding on which it was reared). Regulation 1099/2009 has no such requirement. Two options were proposed; retain existing WASK requirements for all sectors, or retain existing WASK requirements for some sectors and revoke for others where such provision is not considered a requirement to protect animal welfare.

Consultation question 9. Do you agree that we should retain current WASK requirements for a slaughter licence for culling and disposal of animals for knackermen and all farmers? Are there any sectors that you think existing provisions should be revoked for? If so, why and how would animal welfare be protected?

Third party slaughter activities – Article 10 of Regulation 1099/2009 exempts slaughter of an animal by a third party where the animal is for the owners own private consumption. Again it is proposed that the certificate of competence arrangements should be applied through national rules to this activity.

Consultation question 10. Do you agree that we should retain current WASK requirements for a slaughter licence for third party slaughter activities through national rules?

New stricter national rules Regulation 1099/2009 also allows the introduction of new stricter national rules to improve welfare protection given to animals killed outside a slaughterhouse, farmed game and animals killed by methods prescribed by religious rites. It is Scottish Government policy to avoid imposing unnecessary additional regulatory burdens on industry. However, the Scottish Government is also committed to improving animal welfare. A number of suggestions for new stricter national rules have been made and inclusion of some or all of these suggestions in the implementing legislation will be considered on a case by case basis where there is objective evidence that doing so will significantly improve animal welfare.

Slaughter outside a slaughterhouse

To further protect and improve the welfare of animals slaughtered outside a slaughterhouse, it has been proposed that a number of new measures be adopted through national rules:

Clearer definition of ‘small throughput’ (this is dependent on the Commission setting a figure).

Clearer definition of emergency killing. Specification of electrical stunning parameters for geese . Requirement for a Certificate of Competence for slaughter for own consumption

by the owner.

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Provisions for the killing of backyard poultry (either for consumption or disposal). Provisions for farmed fish.

Consultation question 11. Do you consider that none, some or all of the new national rules suggested on slaughter outside a slaughterhouse are required to protect the welfare of animals? Which, if any, of the suggestions do you support? Please explain why and provide details of any suggestions.

Consultation question 12. Do you have any other suggestions for new national rules on slaughter outside a slaughterhouse? Please provide details.

Consultation Question 13. Can you provide supporting evidence for the likely success of any of the suggested new measures on slaughter outside a slaughterhouse? Please provide details.

Consultation question 14. Do you consider any of the suggested new measures for slaughter outside a slaughterhouse unlikely to work in practice? If so, why?

Slaughter for religious purposes

Over the last few years, considerable concern has been expressed by welfare organisations and members of the public about the welfare of animals slaughtered without stunning in accordance with religious rites. The Scottish Government recognises the right of members of religious communities to eat meat prepared in accordance with their religious beliefs. The Scottish Government discussed the welfare of animals slaughtered without stunning in accordance with religious rites with representatives of the Jewish and Muslim communities at the Stakeholder meeting in March 2012. The matter was also discussed with representatives of the slaughter and farming industries and animal welfare bodies at other stakeholder meetings held during March and April 2012. In addition to maintaining existing national rules, the Scottish Government wants to consider what steps might be taken to improve the welfare of animals slaughtered in this way.

To protect and improve the welfare of animals slaughtered in accordance with religious rites it has been proposed that a number of new measures be adopted through national rules:

Slaughter without a pre-cut stun must only take place in a slaughterhouse (including poultry and rabbits slaughtered for private consumption), using equipment and operating procedures explicitly approved for that purpose as part of the official controls process in slaughterhouses under EU Regulation 854/2004 (This would replace the current Ministerial approval process for bovine restraining pens).

An immediate post-cut stun must be administered for all bovine animals.

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Before the neck cut the slaughterman must ensure the knife is surgically sharp, the blade is undamaged and the blade is at least twice the size of the neck.

CCTV should be made mandatory in premises undertaking non stun slaughter for religious purposes.

A clearer definition is needed for mechanical restraint. Manipulation of wounds should be specifically prohibited until the animal is dead. Non stun slaughter must only be carried out in the presence of a vet. SOPs for non stun slaughter must be presented to competent authorities for

approval.

Consultation question 15. Do you consider that none, some or all of the new national rules suggested on non stun slaughter for religious purposes are required to protect the welfare of animals? Which, if any, of the suggestions do you support? Please explain why and provide details of any suggestions.

Consultation question 16. Do you have any other suggestions for new national rules on non stun slaughter for religious purposes? Please provide details.

Consultation Question 17. Can you provide supporting evidence for the likely success of any of the suggested new measures on non stun slaughter for religious purposes? Please provide details.

Consultation question 18. Do you consider any of the suggested new measures on non stun slaughter for religious purposes unlikely to work in practice? If so, why?

Consultation question 19. Do you consider that none, some or all of the new national rules suggested on non stun slaughter for religious purposes will impact on members of the Muslim and/or Jewish communities’ ability to eat meat prepared in accordance with their religious beliefs? If so, which and how?

In Scotland, slaughter for supply of Halal meat currently involves recoverable stunning (where the animal will recover post stun if no further intervention is made to cause the death of the animal) The government supports this from a welfare perspective and does not wish to see implementation of Regulation 1099/2009 jeopardise this approach. If recoverable stunning is voluntarily undertaken in relation to slaughter in accordance with religious rites, the application of Article 4(4) of Regulation 1099 means that none of the detailed stunning method specifications in Chapters I and II of Annex I to Regulation 1099/2009 will automatically apply. As a consequence and, in the absence of national rules, recoverable stunning undertaken in the context of religious slaughter would effectively be unregulated. In view of this it is proposed that the methods specified in Chapter I of Annex 1 and the Specific Requirements at Chapter II to Annex 1 should be applied for the purposes of stunning undertaken in conjunction with slaughter in accordance with religious rites, through national rules.

Consultation question 20. Do you agree that the Regulation 1099/2009 stunning requirements and procedures should apply where an animal is stunned where slaughter

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takes place in accordance with religious rites? Why? Do you have any suggestions for alternative stunning parameters, and can you support your suggestions with evidence of their effectiveness in inducing recoverable stunning?

Farmed Game

During the stakeholder meetings held in March and April 2012, the current WASK provisions were considered to provide adequate protection for the welfare of farmed game at slaughter. No new rules have been proposed regarding the slaughter of farmed game.

Consultation question 21. Do you have any suggestions for new national rules on the slaughter of farmed game? Can you provide supporting evidence for the likely success of your suggestion(s)? Please provide details.

National Rule Differences between Devolved Administrations During the stakeholder meetings in March/April 2012, there were some concerns raised regarding potential problems arising from national rules differing between different parts of the UK; however no specific issues were highlighted. The Scottish Government acknowledges the close industry ties between UK countries and aims to be consistent with the rest of the UK where possible and appropriate. However feedback from Scottish stakeholders to date suggests that there is a willingness to go much further to legislate to improve animal welfare at slaughter in Scotland than appears to be the case in some other parts of the UK at present. We feel that this stance should be supported; however, we would not wish to create difficulties for the Scottish industry when interacting with the rest of the UK industry.

Consultation question 22. Do you consider that national rules in Scotland that differ from those in the rest of the UK would create problems for Scottish industry? Please explain why.

Monitoring procedures and CCTV Regulation 1099/2009 requires business operators to implement monitoring procedures in slaughterhouses to ensure that animals do not present any signs of consciousness or sensibility in the period between the end of the stunning process and death. No further guidance has been provided on how these monitoring checks should be undertaken.

We have reviewed the case for compulsory CCTV to help meet the Regulation 1099/2009 monitoring requirements. It is not possible to require installation of CCTV under the “stricter national rules” provisions in Regulation 1099/2009 because it is not possible to adopt new national rules unless they relate to one of the three distinct fields identified i.e. religious slaughter, on-farm slaughter and killing of farmed game. It would be possible to make regulations requiring compulsory installation of CCTV in slaughterhouses under the Animal Health and Welfare (Scotland) Act 2006, “for the purpose of securing the welfare” of the animals at or immediately before the time of

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slaughter. CCTV could provide, alongside other methods, inconspicuous monitoring; however it also has limitations.

Many slaughterhouses have, or are in the process of, installing CCTV on a voluntary basis and it might therefore be useful to look at the case for additional regulation in that context. On 22nd May 2012, the FSA published a report on an animal welfare survey that they conducted from 19 to 25 September 2011 in slaughterhouses in GB, which included questions regarding the use of CCTV in key areas within slaughterhouses (stunning area, bleeding area, and unloading and lairage areas). They found no significant variation in compliance levels with WASK identified between those premises with or without CCTV. The Scottish Parliament Cross Party Animal Welfare Group have convened a subgroup to take forward a more detailed survey of existing arrangements in place for CCTV in Scotland and views on action that should be taken in future. This survey was issued to 43 abattoirs, butchers and processors in Scotland on 24th May 2012 with a request that responses are returned by the end of June 2012. It is likely that the subgroup will make recommendations to the Scottish Government, probably in autumn 2012.

In order to fully appraise the proposal for compulsory CCTV, in addition to the information from these surveys, the Scottish government would also need to consider the burdens a regulatory approach would place on small and medium size businesses, as well as the overall impact that CCTV might have in reducing welfare abuses in slaughterhouses. Taking account of these considerations, the potential stimulus the new monitoring requirements in Regulation 1099/2009 will have in relation to voluntary uptake post-January 2013, and the time constraints for implementing Regulation 1099/2009, we do not plan to pursue proposals for compulsory CCTV further at this time. However, we may re-visit the matter in future should there be clear objective evidence that making CCTV compulsory would have a significant benefit to welfare monitoring beyond that of methods already available. We would welcome your views in that context.

Consultation question 23. Do you consider that business operators should remain free to adopt the most appropriate monitoring tools for their individual circumstances? Why?

Consultation question 24. Can you provide objective evidence of a likely significant beneficial impact that compulsory CCTV would have on welfare monitoring beyond that of methods already available? Please provide details.

Transitional measures Regulation 1099/2009 repeals Directive 93/119/EEC, which WASK transposed; however, until 8 December 2019 the provisions in Regulation 1099/ 2009 in relation to layout, construction and equipment in slaughterhouses only apply to new slaughterhouses and layout. For existing slaughterhouses the following provisions of Directive 93/119/EEC continue to apply until 8 December 2019:

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Annex A: paragraph 1 of Section I; paragraph 1 and the second sentence of paragraph 3 and paragraphs 6, 7, 8 and the first sentence of paragraph 9 of Section II;

Annex C, paragraphs 3.A.2, the first subparagraph of 3.B.1, 3.B.2, 3.B.4 and paragraphs 4.2 and 4.3 of Section II.

To ensure the required Directive 93/119 provisions remain in force the following WASK provisions will remain in force until 8 December 2019.

WASK Provisions Retained until 8 December 2019

Schedule 2 Part 1 General requirements for all slaughterhouses and knackers' yards

1. The occupier of a slaughterhouse or knackers’ yard shall ensure that--

(b) it has suitable equipment and facilities available for the purpose of unloading animals from means of transport, save that any occupier of a slaughterhouse or knackers’ yard which was in operation before 1st July 1994 need not comply with this requirement until 1st January 1996;

Schedule 2 Part II Additional requirements for slaughterhouses or knackers' yards to which animals are delivered other than in containers

2. In addition to requirements of paragraph 1 above, the occupier of a slaughterhouse or knackers’ yard to which animals are delivered other than in containers shall ensure that--

(a) any equipment for unloading such animals is of a suitable height and design for that purpose, has non-slip flooring and, if necessary, is provided with lateral protection;

(b) any bridge, ramp and gangway is fitted with sides, railings or some other means of protection to prevent animals falling off them;

(c) any exit and entry ramp has the minimum possible incline; (d) all passageways are so constructed as to minimise the risk of injury to any animal

and so arranged as to take account of the gregarious tendencies of the animals which use them; and

Schedule 2 Part II Additional requirements relating to lairages other than field lairages

3. The occupier of a slaughterhouse or knackers’ yard to which animals are delivered other than in containers shall ensure that--

(a) the slaughterhouse or knackers’ yard is equipped with a sufficient number of pens for adequate lairaging of the animals with protection from the effects of adverse weather conditions;

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(b) any lairage has-- (i) a floor which minimises the risk of slipping and which does not cause injury to

any animal which is in contact with it; (ii) adequate ventilation to ensure that temperature, air relative humidity and

ammonia levels are kept within limits that are not harmful to any animal, taking into account the extremes of temperature and humidity which may be expected;

(iii) where such ventilation is provided other than naturally, a replacement means of maintaining adequate ventilation available for use if the original source of ventilation fails;

(iv) adequate lighting (whether fixed or portable) to enable the animals to be thoroughly inspected at any time;

(v) where necessary, suitable equipment for tethering animals; and (vi) drinking facilities and racks, mangers or other equipment adequate in number

and size for the watering and feeding of all animals confined in the lairage, fixed where practicable, and so constructed and placed that they are easily accessible to all the animals, can readily be filled and cannot readily be fouled; and

Schedule 2 Part II Additional requirements relating to field lairages

4. The occupier of a slaughterhouse or knackers’ yard shall ensure that any field lairage--

(a) if it is without natural shelter or shade and is used during adverse weather conditions, has appropriate protection against such conditions for any animal using it;

(b) is maintained in such condition as to ensure that no animal is subjected to any physical, chemical or other health hazard;

(e) is provided with drinking facilities and, if necessary, with racks, mangers or other equipment adequate in number and size for the watering and feeding of all animals confined in the field lairage, fixed where practicable, and so constructed and placed that they are easily accessible to all the animals, can readily be filled and cannot readily be fouled.

Schedule 3 Part III Lairaging of animals

13. The occupier of a slaughterhouse or knackers’ yard and any person engaged in the lairaging of any animal shall ensure that--

(a) an adequate supply of suitable bedding material is provided for all animals kept in the lairage overnight, unless the lairage has a slatted or mesh floor;

(b) any animal which is kept in a lairage has drinking water available to it from appropriate facilities at all times;

Schedule 5 Part II Stunning Specific requirements for stunning by electro narcosis--

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electrodes

9. No person shall use, or cause or permit to be used, electrodes to stun any animal individually unless the apparatus--

(a) incorporates a device which-- (i) measures the impedance of the load; and (ii) prevents operation of the apparatus unless a current can be passed which is

sufficient to render an animal of the species being stunned unconscious until it is dead;

(b) incorporates an audible or visible device indicating the length of time of its application to an animal; and

(c) is connected to a device indicating the voltage and the current under load, positioned so as to be clearly visible to the operator.

Schedule 5 Part II Stunning Specific requirements for stunning by electronarcosis — waterbath stunners

10. No person shall use, or cause or permit to be used, a waterbath stunner to stun any bird unless--

(a) the level of the water in the waterbath has been adjusted in order to ensure that there is good contact with the bird's head;

(b) the strength and duration of the current used is such that the bird is immediately rendered unconscious and remains so until it is dead;

(c) where poultry are stunned in groups in a waterbath, a voltage sufficient to produce a current strong enough to ensure that every bird is stunned is maintained;

(d) appropriate measures are taken to ensure that the current passes efficiently, in particular that there are good electrical contacts and the shackle-to-leg contact is kept wet.

Schedule 5 Part II Stunning Specific requirements for stunning by electronarcosis—waterbath stunners

11. No person shall use, or cause or permit to be used, any waterbath stunner unless--

(a) it is adequate in size and depth for the type of bird being slaughtered; (b) it does not overflow at the entrance, or, if an overflow is unavoidable, measures are

taken to ensure that no bird receives an electrical shock before it is stunned; and (c) the electrode which is immersed in the water extends the length of the waterbath.

Schedule 7 Part II Construction of the chamber

4. The occupier of a slaughterhouse at which a chamber is used shall ensure that--

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(a) the chamber and the equipment used for conveying any pig through the gas mixture are designed, constructed and maintained-- (i) so as to avoid injury to any pig; (ii) so as to avoid compression of the chest of any pig; (iii) so as to enable each pig to remain upright until it loses consciousness; (iv) so as to enable the pigs to see each other as they are conveyed in the chamber;

and (c) adequate lighting is provided in the conveying mechanism and the chamber to allow

pigs to see other pigs or their surroundings; (e) the chamber is fitted with devices which -

(i) measure the concentration by volume of carbon dioxide in the gas mixture at the point of maximum exposure;

(ii) when the chamber is in operation, continuously display the concentration by volume of carbon dioxide as a percentage of the gas mixture at the point of maximum concentration in the chamber; and

(iii) give clearly visible and audible warning signals if the concentration by volume of carbon dioxide falls below 70%;

Consultation question 25. Do you agree with the suggested approach to transitional measures?

Enforcement Article 23 of Regulation 1099/2009 requires Member States to introduce penalties and sanctions that are effective, proportionate and dissuasive. It is intended that the approach taken to enforcement in Scotland will be broadly similar to that in the rest of the UK; the proposals outlined here are therefore subject to further consideration.

Under the new arrangements it is proposed to introduce a wider range of enforcement options than were available under WASK. For the majority of cases our preferred approach will involve the use of administrative sanctions. However, it is considered that administrative penalties alone would not offer the same level of deterrent that criminal sanctions offer; hence we are also proposing that all directly applicable obligations in Regulation 1099/2009 and any stricter national rules maintained or adopted in the domestic legislation continue to be underpinned by criminal sanctions with appropriate penalties. This is to ensure that we meet our legal obligations as a Member State to implement effective, proportionate and dissuasive sanctions, whilst ensuring that the enforcement regime for the new regime is no less effective than the current regime. Our approach to enforcement will reflect the seriousness and immediacy of the welfare threat and it is anticipated that criminal sanctions will be used as a last resort and only in the most serious and wilful cases where the breach causes, or is likely to cause, pain, suffering or distress to an animal.

Enforcement will be undertaken by persons authorised by Scottish Ministers; this is expected to involve persons from the Food Standards Agency and Animal Health

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Veterinary Laboratories Agency. We are also considering giving Local Authorities powers to prosecute without placing any obligation on them to undertake such activity; this might make it easier for those Local Authorities choosing to take enforcement action in this area. Whether such an approach is taken is subject to separate discussions with Local Authorities; however, views are welcome.

Administrative Sanctions Regulation 1099/2009 already gives the competent authority powers to address non-compliances using enforcement measures set out in Article 54 of Regulation 882/2004 on official controls performed to ensure compliance with, amongst other things, animal welfare rules. In particular, Article 22 of Regulation 1099/2009 empowers the competent authority to:

Require business operators to amend their Standard Operating Procedures and, in particular, slow down or stop production.

Require business operators to increase the frequency of the checks referred to in Article 5 [Checks on Stunning] and amend the monitoring procedures referred to in Article 16.

Suspend or withdraw Certificates of Competence issued under this Regulation from a person who no longer shows sufficient competence, knowledge or awareness of his/her tasks to carry out the operations for which the certificate was issued.

Suspend or withdraw the delegation of power in relation to final examination and issue of Certificates of Competence.

Require the amendment of the instructions referred to in Article 8 [Instructions for use of stunning and restraining equipment] with due regard to the scientific opinions provided by the designted independent scientific support body.

In addition, the competent authority has additional powers under separate EU legislation on food hygiene to deal with animal welfare offences – Regulation (EC) 854/2004, Annex I, Section I, Chapter IV, Paragraphs 1 and 2 and regulation 9 of the Food Hygiene (Scotland) Regulations 2006.

We intend to apply the “administrative” sanctions provided for in Regulation 1099/2009 and Regulation 882/2004 as widely as possible and to extend the scope of these to cover: aspects of Regulation not explicitly mentioned under Article 22; and provisions introduced under the national rules arrangements provided for at Article 26 of Regulation 1099/2009. This will involve the use of Improvement and Stop Notices underpinned by an appropriate appeals mechanism. Decisions to suspend or revoke Certificates of Competence will also be subject to an appropriate appeals mechanism. We will wish to ensure that notices have statutory force and, in common with all other existing welfare legislation we propose a criminal offence for: every breach of the regulations that has caused or is likely to cause pain or suffering to an animal; or failure to comply with a stop notice. Our approach to enforcement will reflect the seriousness and immediacy of the welfare threat and it is anticipated that criminal sanctions will be used as a last resort and only in the most serious and wilful cases.

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Welfare Improvement and Stop Notices Regulation 1099/2009 allows the introduction of ‘Welfare Improvement’ and ‘Stop’ Notices as proportionate options for action in the case of minor or accidental breaches. This allows us to reserve prosecution and fines for more serious or persistent offences.

Where there is no immediate or serious threat to welfare, enforcement action should commence at Stage 1.

Where there is an immediate and serious threat to welfare causing, or likely to cause, actual harm or suffering, enforcement action should commence at Stage 2.

Stage 1 – Issue Welfare Improvement Notice under Article 22 of Regulation 1099/2009. This will require the business operator to take any necessary action to ensure compliance with the Regulation and domestic regulations. It will set a time limit within which action must be taken. A Welfare Improvement Notice may in particular require business operators to

Amend their Standard Operating Procedures and implement changes immediately. Increase the frequency of checks and amend monitoring procedures. Slow down production. Halt activities until an appropriate CoC holder is present.

If no action is taken or action taken falls short of requirement, Stage 2 should commence. Failure to comply with a welfare improvement notice will be a criminal offence.

Stage 2 – Issue Stop Notice (if business operator fails to meet requirements of a Welfare Improvement Notice or if there is an immediate and serious threat to welfare causing or likely to cause pain and suffering to an animal). This will impose a legal requirement on the business operator to stop all affected activities with immediate effect and will not allow the business operator to re-start those activities until all infringements have been remedied and required action taken.

If a business operator ignores stop notice and maintains production or any action taken falls short of that required, Stage 3 should commence.

Stage 3 – Failure to comply with a stop notice will be a criminal offence. Initiate criminal proceedings for failing to comply with stop notice. The original offence might also be prosecuted where this involves deliberate, reckless or negligent infliction of pain, suffering and distress to animals

Penalty on summary conviction – fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or both.

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Amending or withdrawing a certificate of competence Where a person no longer shows sufficient competence, knowledge or awareness of his/her tasks to carry out the operations for which the certificate was issued it is appropriate to amend or withdraw that person’s certificate of competence.

Stage 1 – Suspend certificate of competence pending completion of specified activities e.g. retraining. Once the required action has been completed and knowledge has been assessed as satisfactory, re-instate certificate of competence with conditions, including a requirement for the person to be re-assessed following a period of working under supervision before the certificate is re-instated without conditions.

Stage 2 – If the person continues to demonstrate insufficient competence, knowledge or awareness of his/her tasks to carry out the operations for which the certificate was issued the certificate should be withdrawn.

Note: Stage 2 is a lifetime ban in relation to specific activities identified on the certificate of competence, subject to any appeal, as the prohibition in Regulation 1099/2009 on issuing repeat temporary certificates for the same activity means there is no route back unless the person applies for a temporary certificate for a completely different activity.

Working while the certificate of competence is suspended or after it has been withdrawn or has ceased to be valid would be a criminal offence. Penalty on summary conviction – fine not exceeding level 3 on the standard scale (this reflects the current penalty in WASK).

Offences and penalties We are proposing that the majority of criminal offences for serious or persistent breaches of Regulation 1099/2009 should be punishable on summary conviction to a fine not exceeding the statutory maximum (£5000) or to imprisonment not exceeding three months or both in line with the European Communities Act 1972. This is intended to address the deliberate, reckless or negligent infliction of pain, suffering and distress to animals during killing operations which is significantly serious to warrant prosecution of an individual or business. This reflects the enforcement approach and offence provisions under existing legislation (WASK).

The following offences and penalties are proposed:

Details of proposed offence Mode of trial and Maximum penalty

REGULATION 1099/2009

Causing an animal avoidable pain, distress or suffering during killing or related operations; failing to take action to ensure an animal is not caused avoidable pain, distress or suffering during killing or

Summary conviction – fine not exceeding

level 5 on the standard scale or

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Details of proposed offence Mode of trial and Maximum penalty

related operations. imprisonment for a term not exceeding 3 months or both.

Replicates current penalty in WASK for

this offence.

Failure to:

stun animals before killing in accordance with methods and requirements in Annex 1;

maintain loss of consciousness/sensibility until death of animals;

follow simple stunning methods (i.e. those which do not result in instantaneous death), as quickly as possible by a procedure ensuring death such as bleeding, pithing, electrocution or prolonged exposure to anoxia.

Summary conviction – fine not exceeding

level 5 on the standard scale or

imprisonment for a term not exceeding 3 months or both.

Failure by business operator/person to:

ensure persons responsible for stunning carry out regular checks to ensure animals do not present signs of consciousness/ sensibility between the end of the stunning process and death;

carry out checks on a sufficiently representative sample of animals; to take account of previous checks and any factors which may affect efficiency of the stunning process when determining the frequency of checks;

immediately take the appropriate measures as set out in the SOPs when checks show an animal is not properly stunned;

carry out systematic checks to ensure animals do not present signs of consciousness/sensibility before being released from restraint and do not present any signs of life before undergoing dressing or scalding.

Summary conviction – fine not exceeding

level 5 on the standard scale

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Details of proposed offence Mode of trial and Maximum penalty

Failure by business operator/person to:

plan the killing of animals and related operations in advance;

carry out killing or related operations in accordance with SOPs;

draw up and implement SOPs to ensure killing and related operations meet Article 3(1) requirements;

take account of the points listed in Article 6(2)(a)-(c) when drawing up SOPs;

make SOPs available to the competent authority upon request;

amend SOPs (as required under Article 22(a)).

Summary conviction – fine not exceeding

level 5 on the standard scale

Killing or carrying out related operations by a person who doesn’t have the appropriate level of competence.

Carrying out slaughter operations listed in Article 7(2) without a valid Certificate of Competence (or while a certificate of competence is suspended or after it has been withdrawn)

Failing to comply with conditions attached to a certificate of competence

Failure by business operator to:

ensure the slaughter operations listed in Article 7(2) are carried out by persons holding a certificate of competence for such operations;

ensure the killing of fur animals is carried out in the presence and under the supervision of a person holding a certificate of competence.

notify the CA in advance when fur animals are to be killed.

Summary conviction – fine not exceeding

level 5 on the standard scale

Failure by business operator to:-

Ensure he holds a copy of the manufacturer’s instructions concerning the use of and ensuring optimal conditions for the welfare of animals in respect of all restraining/stunning

Summary conviction – fine not exceeding

level 5 on the standard scale

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Details of proposed offence Mode of trial and Maximum penalty

equipment in use and which was purchased after 1 January 2013.

Selling restraining or stunning equipment without appropriate manufacturing instructions concerning use.

Summary conviction – fine not exceeding

level 5 on the standard scale

Failure by business operator to:-

ensure all equipment used for restraining and stunning animals is maintained and checked in accordance with the manufacturers’ instructions by persons specifically trained for that purpose;

draw up a record of maintenance and to keep those records for at least one year;

make the maintenance records available to CA on request;

ensure that during stunning operations, appropriate back-up equipment is immediately available on the spot and is used in the case of failure of the stunning equipment initially used;

ensure that animals are not placed in restraining equipment, including head restraints, until the person in charge of stunning or bleeding is ready to stun or bleed them as quickly as possible.

Summary conviction – fine not exceeding

level 5 on the standard scale

Failure by business operator to:-

ensure the layout and construction of slaughterhouses and equipment used therein comply with Annex II;

submit to the CA referred to in Article 4 of Regulation 853/2004 when requested, the certain information for each slaughterhouse listed in that provision.

Summary conviction – fine not exceeding

level 5 on the standard scale

Failure by business operator to:-

comply with operational rules for Summary conviction – fine not exceeding

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Details of proposed offence Mode of trial and Maximum penalty

slaughterhouses in Annex III; ensure that all animals killed in accordance

with Article 4(4) without prior stunning are individually restrained and if a ruminant, mechanically restrained;

comply with the prohibition on restraining methods in Article 15(3)

level 5 on the standard scale or

imprisonment for a term not exceeding 3 months or both.

Failure by business operator to:-

put in place and implement appropriate monitoring procedures in slaughterhouses;

include in their monitoring procedures the way checks have to be carried out and to include the information listed in Article 16(2)

put in place a specific monitoring procedure for each slaughter line

take into account when considering frequency of checks the main risk factors such as changes regarding the types or the size of animals slaughtered or personnel working patterns so as to ensure results with a high level of confidence.

Summary conviction – fine not exceeding

level 5 on the standard scale

Failure by business operator to:-

designate an AWO for each slaughterhouse to assist them in ensuring compliance with the Regulation

ensure the AWO holds a certificate of competence for all the operations taking place in the slaughterhouses for which he or she is responsible.

ensure the AWO keeps a record of any action taken to improve animal welfare; keep such records for a year and to make that information available to the CA on request.

Failure by the AWO to:-

keep a record of any action taken to improve animal welfare

Summary conviction – fine not exceeding

level 5 on the standard scale

In the case of emergency killing, failure by the keeper Summary conviction

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Details of proposed offence Mode of trial and Maximum penalty

of the animal concerned to take all necessary measures to kill the animal as soon as possible.

– fine not exceeding level 5 on the

standard scale or imprisonment for a term not exceeding 3 months or both.

WASK (Transitional provisions that must be preserved until 8 December 2019)

Failure to meet obligations as regards layout, construction and equipment of slaughterhouses

Summary conviction – fine not exceeding

level 5 on the standard scale

Failure to meet obligations as regards the stunning of animals by electronarcosis (electrodes) or the stunning of birds by electronarcosis (waterbath stunning)

Summary conviction – fine not exceeding

level 5 on the standard scale or

imprisonment for a term not exceeding 3 months or both.

Failure to meet obligations as regards the killing of pigs by exposure to gas mixtures

Summary conviction – fine not exceeding

level 5 on the standard scale or

imprisonment for a term not exceeding 3 months or both.

Stricter national rules - Subject to formal consultation. However, the approach adopted should reflect the general enforcement approach outlined

in this form

Stricter national rules as regards Certificates of Competence

Summary conviction – fine not exceeding

level 5 on the standard scale.

Other stricter national rules Summary conviction

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Details of proposed offence Mode of trial and Maximum penalty

– fine not exceeding level 5 on the

standard scale or imprisonment for a term not exceeding 3 months or both.

Failure to comply with a welfare improvement or stop notice

Summary conviction – fine not exceeding

level 5 on the standard scale or

imprisonment for a term not exceeding 3 months or both.

Making a false declaration to obtain a certificate of competence

Summary conviction – fine not exceeding

level 5 on the standard scale or

imprisonment for a term not exceeding 3 months or both.

Obstructing or providing false or misleading information to a person authorised to enforce these regulations

Summary conviction – fine not exceeding

level 5 on the standard scale or

imprisonment for a term not exceeding 3 months or both.

Consultation question 26. Do you consider that the suggested approach to enforcement will provide effective and proportionate sanctions against non compliance?

Consultation question 27. Do you consider that the suggested penalties will provide proportionate and effective sanctions?

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ENFORCEMENT FLOW CHART

Is breach a serious or persistent breach?

Yes Criminal Sanction

No

Is there an immediate or continuing threat to welfare?

And / or

Does offence involve Certificate holder?

Yes

Appeal

Apply conditions or, if serious threat to welfare, suspend certificate

Withdraw Certificate

Working with suspended / withdrawn certificate Yes

Issue Stop Notice

Issue Improvement Notice

No

Failure to comply or no improvement within set timescale

Was breach intentional or the result of recklessness or negligence?

Yes

No Failure to comply

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Powers of entry It is intended that powers of entry will be broadly similar to those in the rest of the UK; the proposals outlined here are therefore subject to further consideration. Enforcement can be undertaken by any person authorised by the Scottish Ministers for that purpose. It is proposed that an authorised officer may, on giving reasonable notice, and on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for enforcement purposes. An authorised officer may be accompanied by such other persons as the authorised officer considers necessary, including any representative of the European Commission.

The requirement to give notice will not apply— where entry is pursuant to any provision of the EU Regulation which requires

inspection without notice; where the requirement has been waived; where reasonable efforts to agree an appointment have failed; where an authorised person has reasonable suspicion of a failure to comply with

the European Regulation, the 1995 Regulation or these Regulations.

Admission to premises used wholly or mainly as a private dwelling house may not be demanded as of right unless the entry is in accordance with a warrant obtained from a justice of the peace, stipendiary magistrate or sheriff. A warrant will only be issued if:

There are reasonable grounds to enter those premises for the purpose of enforcing these Regulations, the 1995 Regulations or Regulation 1099/2009.

Entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier.

Asking for admission to the premises, or giving such a notice, would defeat the object of the entry.

Entry is required urgently. The premises are unoccupied or the occupier is temporarily absent.

An authorised officer who has entered premises for enforcement purposes may:

Carry out any examination, investigation or test. Inspect and search the premises. Take samples (and if necessary, send the samples for laboratory testing) from

any animal, carcase or part of a carcase. Take any carcase or part of a carcase (and, if necessary send it for laboratory

testing). Take any equipment or instrument for further examining, investigating or testing. Require the production of any document or record and inspect and take a copy

of or extract from such document or record. Require any person to provide such assistance, information or facilities as is

reasonable.

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Consultation question 28. Do you consider that the suggested powers of entry ensure appropriate enforcement action can be taken whilst protecting the rights of individuals?

Appeals It will be necessary to provide for appeals in relation to:

Decisions to refuse to issue, suspend or revoke a certificate of competence Stop / Welfare Improvement Notices (WIN)

It is proposed that all appeals should be handled by the Sheriff Court following a review by the Scottish Ministers.

Fees It is intended that fees in Scotland will be broadly similar to those in the rest of the UK. Current proposals for fees are laid out below; these would be subject to VAT and are subject to further review.

Activity Proposed Fee

Issuing a Temporary Certificate of Competence £45

Converting a Temporary Certificate of Competence to a full Certificate of Competence £15

Issuing a Transitional Certificate of Competence £45

Converting a Transitional Certificate of Competence to a full Certificate of Competence £15

Issuing a Certificate of Competence where there is no Temporary Certificate of Competence £45

Modifying a Certificate of Competence £15

Practical Assessment by an authorised veterinarian in an approved slaughterhouse under the simplified approach £55

Practical Assessment by an authorised veterinarian outside an approved slaughterhouse under the simplified approach

Veterinary fees

Up to 1 hour For every additional hour or part of an hour

Travel costs

Up to 1 hour For every additional hour or part of an hour

£100 (£100)

£100 (£100)

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Charges will also apply in relation to training and assessment associated with the qualification certificate. These charges will be set by the Awarding Organisations and Approved Training Centres involved. However, to give an idea, it is anticipated that:

A slaughterman may require training and assessment in relation to 3 qualification units; most lairage or poultry hangers on will require 2 units.

Each unit will require an average of 6 training hours at an indicative cost of some £26 per hour where training is undertaken in a slaughterhouse accredited by an Awarding Organisation, or £52 per hour where training is undertaken elsewhere.

It is estimated that assessment by the Awarding Organisation or Training Provider will cost some £250 per day in a slaughterhouse accredited by an Awarding Organisation and £400 per day elsewhere.

On average 4 units can be assessed per day.

Consultation question 29. Do you consider the fees currently suggested fair and proportionate?

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Part IV – Any other Comments Implementation of Regulation 1099/2009 is a complex issue. While we have done our best to explain the detail involved clearly, there may be aspects that you feel we have not explained well or have not covered at all. The last questions in this consultation paper are to provide you with the opportunity to raise such points, and to provide us with feedback on the consultation itself.

Consultation Question 30. Do you have any other comments on the implementation of 1099/2009 in Scotland?

Consultation Question 31. Do you consider that the consultation paper explained the key issues sufficiently for you to properly consider your responses?

Consultation Question 32. Do you consider that you had sufficient time to respond to the consultation?

Consultation Question 33. Do you have any other comments on the way this consultation has been conducted?

ANNEX 1

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Annex 1: Qualification certificate – proposed module titles Bird unit groups

Protect chicken welfare in lairage operations Protect chicken welfare in manual handling and restraint operations Protect chicken welfare in manual electrical stun/kill operations Protect chicken welfare in captive bolt stunning operations Protect chicken welfare in manual killing operations Protect stunned chicken welfare in manual cutting operations Protect conscious chicken welfare in manual cutting operations Protect chicken welfare in manual bleeding operations

Protect chicken welfare in shackled restraint systems Protect chicken welfare in automated electrical stun/kill systems Protect chicken welfare in gas stun/kill systems Protect chicken welfare in automated cutting and bleeding systems

Protect turkey welfare in lairage operations Protect turkey welfare in manual handling and restraint operations Protect turkey welfare in manual electrical stun/kill operations Protect turkey welfare in captive bolt stunning operations Protect turkey welfare in manual killing operations Protect stunned turkey welfare in manual cutting operations Protect conscious turkey welfare in manual cutting operations Protect turkey welfare in manual bleeding operations

Protect turkey welfare in shackled restraint systems Protect turkey welfare in automated electrical stun/kill systems Protect turkey welfare in gas stun/kill systems Protect turkey welfare in automated cutting and bleeding systems

Protect duck welfare in lairage operations Protect duck welfare in manual handling and restraint operations Protect duck welfare in manual electrical stun/kill operations Protect duck welfare in captive bolt stunning operations Protect duck welfare in manual killing operations Protect stunned duck welfare in manual cutting operations Protect conscious duck welfare in manual cutting operations Protect duck welfare in manual bleeding operations

Protect duck welfare in shackled restraint systems Protect duck welfare in automated electrical stun/kill systems

ANNEX 1

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Protect duck welfare in gas stun/kill systems Protect duck welfare in automated cutting and bleeding systems

Protect geese welfare in lairage operations Protect geese welfare in manual handling and restraint operations Protect geese welfare in manual electrical stun/kill operations Protect geese welfare in captive bolt stunning operations Protect geese welfare in manual killing operations Protect stunned geese welfare in manual cutting operations Protect conscious geese welfare in manual cutting operations Protect geese welfare in manual bleeding operations Protect geese welfare in shackled restraint systems Protect geese welfare in automated electrical stun/kill systems Protect geese welfare in gas stun/kill systems Protect geese welfare in automated cutting and bleeding systems

Protect farmed game bird welfare in lairage operations Protect farmed game bird welfare in manual handling and restraint operations Protect farmed game bird welfare in manual electrical stun/kill operations Protect farmed game bird welfare in captive bolt stunning operations Protect farmed game bird welfare in manual killing operations Protect stunned farmed game bird welfare in manual cutting operations Protect conscious farmed game bird welfare in manual cutting operations Protect farmed game bird welfare in manual bleeding operations

Protect farmed game bird welfare in shackled restraint systems Protect farmed game bird welfare in automated electrical stun/kill systems Protect farmed game bird welfare in gas stun/kill systems Protect farmed game bird welfare in automated cutting and bleeding systems

Protect ratite welfare in lairage operations Protect ratite welfare in movement to slaughter Protect ratite welfare in restraint operations Protect ratite welfare in electrical head-only stunning operations Protect ratite welfare in captive bolt stunning operations Protect ratite welfare in shackling and hoisting operations Protect stunned ratite welfare in manual cutting operations Protect conscious ratite welfare in manual cutting operations Protect ratite welfare in manual bleeding operations

Mammal unit groups Protect bovine welfare in lairage operations Protect bovine welfare in pre-slaughter clipping /shearing operations Protect bovine welfare in movement to slaughter Protect bovine welfare in restraint operations

ANNEX 1

50

Protect bovine welfare in captive bolt stunning operations Protect bovine welfare in electrical head-to-body stun/kill operations Protect bovine welfare in free-bullet killing operations Protect stunned bovine welfare in manual cutting operations Protect conscious bovine welfare in manual cutting operations Protect bovine welfare in shackling and hoisting operations Protect bovine welfare in manual bleeding operations

Protect ovine/caprine welfare in lairage operations Protect ovine/caprine welfare in pre-slaughter clipping /shearing operations Protect ovine/caprine welfare in movement to slaughter Protect ovine/caprine welfare in restraint operations Protect ovine/caprine welfare in captive bolt stunning operations Protect ovine/caprine welfare in electrical head-only stunning operations Protect ovine/caprine welfare in electrical head-to-back stun/kill operations Protect ovine/caprine welfare in free-bullet killing operations Protect stunned ovine/caprine welfare in manual cutting operations Protect conscious ovine/caprine welfare in manual cutting operations Protect ovine/caprine welfare in shackling and hoisting operations Protect ovine/caprine welfare in manual bleeding operations

Protect porcine welfare in lairage operations Protect porcine welfare in movement to slaughter Protect porcine welfare in restraint operations Protect porcine welfare in captive bolt stunning operations Protect porcine welfare in electrical head-only stunning operations Protect porcine welfare in electrical head-to-body stun/kill operations Protect porcine welfare in gas stun/kill operations Protect porcine welfare in free-bullet killing operations Protect stunned porcine welfare in manual cutting operations Protect porcine welfare in shackling and hoisting operations Protect porcine welfare in manual bleeding operations

Protect equine welfare in lairage operations Protect equine welfare in restraint operations Protect equine welfare in movement to slaughter Protect equine welfare in captive bolt stunning operations Protect equine welfare in free-bullet killing operations Protect stunned equine welfare in manual cutting operations Protect conscious equine welfare in manual cutting operations Protect equine welfare in shackling and hoisting operations Protect equine welfare in manual bleeding operations

Protect large game welfare in lairage operations Protect large game welfare in restraint operations

ANNEX 1

51

Protect large game welfare in movement to slaughter Protect large game welfare in captive bolt stunning operations Protect large game welfare in free-bullet killing operations Protect stunned large game welfare in manual cutting operations Protect conscious large game welfare in manual cutting operations Protect large game welfare in shackling and hoisting operations Protect large game welfare in manual bleeding operations

Protect lagomorph welfare in lairage operations Protect lagomorph welfare in manual handling and restraint operations Protect lagomorph welfare in captive bolt stunning operations Protect lagomorph welfare in manual electrical stun/kill operations Protect lagomorph welfare in gas stun/kill operations Protect lagomorph welfare in free-bullet killing operations Protect lagomorph welfare in manual killing operations Protect stunned lagomorph welfare in manual cutting operations Protect conscious lagomorph welfare in manual cutting operations Protect lagomorph welfare in manual bleeding operations

ANNEX 2

52

Annex 2: WASK provisions considered to provide more extensive welfare protection than regulation 1099/2009

Subject Policy Aim WASK Provision

Birds for sale outside a slaughterhouse or knackers yard

1. Where birds are offered for sale prior to being slaughtered, on arrival at the premises, they are placed in accommodation in which they are able, without difficulty, to stand upright, turn around and stretch their wings.

2. Where birds are offered for sale prior to being slaughtered, on arrival at the premises, they are provided with a sufficient supply of wholesome food and clean drinking water.

Part III - Slaughter or killing elsewhere than in slaughterhouses or knackers yards

Bleeding & pithing

3. Any animal that has been stunned before bleeding or pithing is bled or pithed without delay after it has been stunned.

4. Where an animal has been stunned before bleeding, no further dressing or electrical stimulation may be applied after severance of at least one of the carotid arteries or the vessels from which they arise before the bleeding has ended and in any event not before the expiry of a period of not less than 2 minutes in a turkey or goose.

5. Where an animal has been stunned before bleeding, no further dressing or electrical stimulation may be applied after severance of at least one of the carotid arteries or the vessels from which they arise before the bleeding has ended and in any event not before the expiry of a period of not less than 90 seconds for any other bird.

Schedule 6 – Bleeding or pithing

ANNEX 2

53

Subject Policy Aim WASK Provision

6. Where an animal has been stunned before bleeding, no further dressing or electrical stimulation may be applied after severance of at least one of the carotid arteries or the vessels from which they arise before the bleeding has ended and in any event not before the expiry of a period of not less than 30 seconds for bovine animals.

7. Where an animal has been stunned before bleeding, no further dressing or electrical stimulation may be applied after severance of at least one of the carotid arteries or the vessels from which they arise before the bleeding has ended and in any event not before the expiry of a period of not less than 20 seconds for sheep, goats, pigs and deer.

8. Bleed times shall not apply to any animal that has been pithed.

Care and handling pre-slaughter

9. When unloaded, every animal is protected from adverse weather conditions and is provided with adequate ventilation.

10. If any animal has been subjected to high temperatures in humid weather, it is cooled by appropriate means.

11. Any animals which might injure each other on account of their species, sex, age or origin or for any other reason are kept and lairaged apart from each other.

12. No person drags any animal which has been stunned or killed over any other animal which has not been stunned or killed.

13. Any animal which is unable to walk is not dragged to its place of slaughter or killing but is slaughtered or killed where it lies; or if it is possible and to do so would not cause any unnecessary pain or suffering, is transported on a trolley or movable platform to a place of emergency slaughter or killing where it is then immediately slaughtered.

14. Care is taken not to frighten, excite or mistreat any animal. 15. No animal is overturned.

Schedule 3 – Animals awaiting slaughter

ANNEX 2

54

Subject Policy Aim WASK Provision

16. If any animal is not slaughtered or killed immediately on arrival at the slaughterhouse or knackers’ yard, it is lairaged.

17. Any animal that has experienced pain or suffering during transport or following its arrival at the slaughterhouse or knacker’s yard;; and any animal that is too young to take solid feed is slaughtered or killed immediately.

18. Pending the slaughter or killing of any sick or disabled animal in the slaughterhouse or knacker’s yard, it is kept apart from any animal which is not sick or disabled.

19. No person shall, in any slaughterhouse, knackers’ yard or lairage, lead or drive any animal over any ground or floor that is likely to cause the animal to slip or fall.

20. Every animal is moved with care and, when necessary, that animals are led individually.

21. Food is provided in a way that will permit the animals to feed without unnecessary disturbance.

22. Any animal delivered in a container with a perforated or flexible bottom is unloaded with particular care in order to avoid injury.

23. Where birds are offered for sale prior to being slaughtered, on arrival at the premises, they are placed in accommodation in which they are able, without difficulty, to stand upright, turn around and stretch their wings.

24. Where birds are offered for sale prior to being slaughtered, on arrival at the premises, they are provided with a sufficient supply of wholesome food and clean drinking water.

Certificate of Competence

25. CoC required for slaughter for the direct supply of small quantities of poultry, rabbits and hares.

26. CoC required where a third party slaughters an animal for domestic consumption by the owner.

Schedule 1 – The licensing of Slaughter men

ANNEX 2

55

Subject Policy Aim WASK Provision

27. CoC required for the killing of any animal. 28. CoC required for the pithing of any animal. 29. CoC required for the assessment of effective pithing or killing of any animal. 30. CoC required for the bleeding of any animal that is not dead. 31. All prior welfare offences taken into consideration when assessing whether a

person can be given a slaughter licence / certificate of competence (rather than only offences committed in last 3 years)

Gas - birds 32. Chamber and equipment used to convey any bird through the gas mixture are designed, constructed and maintained so that once a bird enters into the chamber it is conveyed to the point in the chamber of maximum concentration of the gas mixture within a maximum period of 10 seconds.

33. The installation has an apparatus which maintains the required concentration by volume of oxygen or carbon dioxide, as appropriate, in the chamber.

34. There is a means of flushing the chamber with atmospheric air with the minimum delay.

35. There is a means of access to any bird in any part of the chamber with the minimum of delay.

36. The birds are exposed to the gas mixture for long enough to ensure that they are killed.

37. No bird enters the chamber if the displayed concentration of oxygen is above 2% by volume (the concentration of oxygen may occasionally rise to a concentration of not more than 5% by volume for not more than 30 seconds) or the displayed concentration of carbon dioxide is above 30% by volume.

38. No bird is passed through or allowed to remain in the chamber at any time when the visible and audible warning signals have been activated or when there is any defect in the operation of the chamber.

Schedule 7 – Killing pigs and birds with gas

ANNEX 2

56

Subject Policy Aim WASK Provision

39. No bird is shackled before it is dead.

Gas – birds outside a slaughterhouse

40. Persons operating a chamber outside a slaughterhouse have been assessed competent to do so.

41. A chamber used to kill end of lay hens, end of life breeder hens or other birds outside a slaughterhouse is designed, adapted, constructed, and maintained so as to avoid injury to the hen or bird.

42. Chamber is designed, adapted, constructed, and maintained so as to avoid injury to the hen or bird.

43. Chamber is fitted with an apparatus that can deliver the specified gas mixtures to the chamber.

44. Chamber is fitted with device that measures and displays the maximum concentration by volume of oxygen in the gas mixture or the minimum concentration by volume of carbon dioxide as a percentage at the point of minimum concentration in the chamber.

45. Chamber is fitted with device that gives clearly visible or audible warning signals where the final concentration by volume of oxygen rises above 5% for more than 30 seconds (for inert gas/CO2 mixtures in a chamber).

46. Chamber is fitted with device that gives clearly visible or audible warning signals where the final concentration by volume of carbon dioxide falls below 45% for more than 30 seconds (for air/CO2 mixtures in a shed or chamber).

47. Chamber fitted with a means of visually monitoring birds or hens in the chamber. 48. Every person engaged in the killing is instructed as to the method of operation of

the chamber. 49. End of lay hens, end of life breeder hens and birds are rapidly rendered

insensible to pain or distress.

Schedule 7a – Killing birds by gas outside a slaughterhouse

ANNEX 2

57

Subject Policy Aim WASK Provision

50. End of lay hens, end of life breeder hens and birds are exposed to the air/CO2 mixtures in a bird shed long enough to ensure they are killed and at least 5 minutes.

51. End of lay hens, end of life breeder hens and birds are exposed to the air/CO2 mixtures in a chamber long enough to ensure they are killed and at least 2 minutes.

52. End of lay hens, end of life breeder hens and birds are exposed to the inert gas/CO2 mixtures in a chamber long enough to ensure they are killed and at least 90 seconds.

53. If the visible or audible warning signals are activated, more of the gas mixture is immediately supplied to the chamber until the required concentrations are achieved.

54. After exposure to a gas mixture nothing more is done to an end of lay hen, an end of life breeder hen or bird until it is ascertained that it is dead.

Gas - pigs 55. No pig enters the chamber if the displayed concentration by volume of carbon dioxide in the gas mixture falls below 70%.

56. No pig is passed through or allowed to remain in the chamber at any time when the visible and audible warning signals have been activated or when there is any defect in the operation of the chamber.

57. Pigs may be killed at a slaughterhouse by exposure to carbon dioxide gas mixture in a chamber.

58. Chamber and equipment to convey any pig through the gas mixture are designed, constructed and maintained to enable each pig to remain upright until it loses consciousness.

59. Chamber and equipment to convey any pig through the gas mixture are designed, constructed and maintained to enable pigs to see each other as they are conveyed in the chamber.

Schedule 7 – killing pigs and birds with gas

ANNEX 2

58

Subject Policy Aim WASK Provision

60. Chamber and equipment to convey any pig through the gas mixture are designed, constructed and maintained to ensure that once a pig enters the chamber, it is conveyed to the point in the chamber of maximum concentration of the gas mixture within a maximum period of 30 seconds.

61. Chamber and equipment to convey any pig through the gas mixture are designed, constructed and maintained to ensure adequate lighting to allow pigs to see other pigs or their surroundings.

62. The installation has an apparatus that maintains the required concentration by volume of carbon dioxide in the gas mixture in the chamber.

63. There is a means of flushing the chamber with atmospheric air with the minimum of delay.

64. There is a means of access to any pig with the minimum of delay.

Horses - facilities 65. Where horses are slaughtered or killed, a separate room or bay is provided for the slaughter or killing of horses.

66. Where the lairage is one in which any horses are confined it contains at least one loose box constructed to minimise the danger of any horse injuring itself or any other animal confined in that lairage.

Schedule 2 - The construction, equipment and maintenance of slaughterhouses and knackers yards: Parts I & II

Horses - killing 67. No horse slaughtered or killed in a slaughterhouse or knackers’ yard except in a room or a bay which has been provided for the slaughter or killing of horses.

68. No person shall slaughter or kill, or cause or permit to be slaughtered or killed, any horse in a slaughterhouse or knacker’s yard within sight of any other horse.

Schedule 8 – Killing horses

Lairage 69. Where animals are delivered other than in containers any lairage has adequate facilities to feed of all animals confined in the lairage.

Schedule 2 - The construction, equipment and maintenance of slaughterhouses and

ANNEX 2

59

Subject Policy Aim WASK Provision

70. Any field lairage is provided if necessary with adequate facilities to feed and water all animals confined in the field lairage. There should be easy access for all animals and for filling and facilities should not be readily fouled.

71. Any field lairage without natural shelter or shade used during adverse weather conditions has appropriate protection against such conditions for any animal using it.

72. Any field lairage, where necessary, has suitable equipment for tethering animals. 73. Any field lairage has adequate lighting (whether fixed or portable) available to

enable the animals to be thoroughly inspected at any time.

knackers yards: Parts I & II

Maintenance 74. For emergency use, suitable spare equipment and instruments for stunning, slaughter or killing are kept at the site within the slaughterhouse or knacker’s yard where stunning, slaughter or killing takes place and are properly maintained and thoroughly inspected regularly.

75. Any defect found at any time in any equipment or instruments is rectified. 76. Any field lairage is maintained to ensure that no animal is subjected to any

physical, chemical or other health hazard.

Schedule 2 - The construction, equipment and maintenance of slaughterhouses and knackers yards

Religious slaughter - animals

77. Bovines must be slaughtered in an upright position. 78. Bovines must be slaughtered in a restraining pen approved by Scottish Ministers

for the purpose that included a suitable head restraint and a means of support to take the weight of the animal during and after slaughter.

79. The means of restraining and supporting a bovine animal confined in a restraining pen are used for any bovine animal confined in it.

80. The restraining pen is kept in good working order. 81. If a restraining pen has been modified after it has been approved by the Scottish

Minister, the pen is not used again until a fresh approval is given.

Schedule 12 – Additional provisions for slaughter by a religious method. Part II

ANNEX 2

60

Subject Policy Aim WASK Provision

82. No bovine animal is placed in a restraining pen unless the person who is to carry out the slaughter is ready to make the incision immediately the bovine animal is placed in the pen.

83. Any sheep, goat, or calf small enough to be restrained manually on a table or cradle is slaughtered only on a table or cradle and only one such animal is placed on the cradle or table at any one time.

84. A captive bolt instrument must be kept close by for use in case of emergency and immediately used when an animal is subject to any avoidable pain, suffering or agitation or has any injuries or contusions.

85. Where animals/birds are not stunned, the knife must be inspected before each animal is slaughtered to ensure that it is undamaged and of sufficient size and sharpness to effect the cut specified.

86. Animals not stunned must be killed by the severance in a rapid uninterrupted knife movement of both carotid arteries and both jugular veins.

87. Where an animal has not been stunned or stunned and pithed before bleeding it is not moved until it is unconscious and not within a period of less than 20 seconds for a goat.

88. Where an animal has not been stunned or stunned and pithed before bleeding it is not moved until it is unconscious and not within a period of less than 30 seconds for a bovine.

Religious slaughter - birds

89. Birds not stunned must be killed by the severance in a rapid uninterrupted knife movement of its carotid arteries.

90. Where a bird has not been stunned before bleeding, no further dressing or electrical stimulation is performed before it is unconscious and not within a period of 2 minutes for a turkey or goose.

Schedule 12 – Additional provisions for slaughter by a religious method. Part III

ANNEX 2

61

Subject Policy Aim WASK Provision

91. Where a bird has not been stunned before bleeding, no further dressing or electrical stimulation is performed before it is unconscious and not within a period of 90 seconds for any other bird.

92. Any person who slaughters by a religious method any bird that has not been stunned shall ensure that the knife to be used for the slaughtering of the birds is undamaged and of sufficient size and sharpness to enable each bird to be slaughtered.

Religious slaughter - general

93. Religious slaughter restricted to that by the Jewish method for the food of Jews and by the Muslim method for the food of Muslims.

Schedule 12 – Additional provisions for slaughter by a religious method. Part I

94. Licences issued by the Rabbinical Commission should be recognised for Regulation 1099/2009 Certificate of Competence purposes.

Schedule 1 – Licensing of slaughtermen

95. Membership of the Rabbinical Commission should be set out in the domestic regulations.

Schedule 12 - Additional provisions for slaughter by a religious method. Part IV

Restraint 96. Where any soliped, ruminant, pig, rabbit or bird is brought into a slaughterhouse or knackers’ yard for killing, that animal shall be restrained by specified means.

Part II - Requirements applicable to slaughterhouses and knackers yards

97. Where any soliped, ruminant, pig, rabbit or bird is slaughtered elsewhere than in a slaughterhouse or knackers’ yard, that animal shall be restrained by specified means.

Part III - Slaughter or killing elsewhere than in slaughterhouses or knackers yards

ANNEX 2

62

Subject Policy Aim WASK Provision

98. Any instrument, restraining equipment, or other equipment used for stunning, slaughter or killing is designed and constructed to facilitate rapid and effective stunning, slaughter or killing.

99. Suitable equipment for tethering animals is available if necessary.

Schedule 2 - The construction, equipment and maintenance of slaughterhouses and knackers yards: Parts I & II

100. Animals will not be stunned, slaughtered or killed without restraining it in an appropriate manner in a way to spare it any avoidable pain, suffering, agitation, injury or contusions.

101. No adult bovine in a slaughterhouse will be stunned unless it is confined in a stunning or restraining pen in good working order.

102. No bovine animal will be slaughtered by a religious method unless it is stunned, stunned and pithed, or restrained as specified.

103. Any animal to be stunned or killed by mechanical or electrical means applied to the head is presented in a position that the equipment can be applied and operated easily, accurately and for the appropriate time.

104. Shackle line will not be operated unless each bird suspended from it is kept clear of any object which may cause it avoidable excitement, pain or suffering, including when its wings are outstretched, until it is stunned.

105. Shackle line will not be operated unless it is possible to relieve any avoidable excitement, pain or suffering which a bird suspended from a shackle appears to be suffering or to remove such a bird from the shackle.

106. Shackle line will not be operated unless the speed at which the shackle line is operated allows any act or operation intended to be performed in relation to any bird suspended from it to be performed without undue haste and with proper regard for the welfare of the bird.

Schedule 4 – Restraint before slaughter

ANNEX 2

63

Subject Policy Aim WASK Provision

Slaughter for disease control

107. Any person who uses a captive bolt instrument shall check that the bolt is retracted to its full extent after each shot and if it is not retracted shall ensure that the instrument is not used again until it has been repaired.

108. Bovine animals will not be shot with a captive bolt in the back of the head. 109. Sheep or goats will not be shot with a captive bolt in the back of its head, except

where horns prevent the use of the top or the front of the head, in which case they may be shot in the back of the head immediately behind the base of the horns and aimed towards the mouth as long as bleeding is commenced or the animal is killed within 15 seconds of shooting.

Schedule 9 – Disease control

Stunning 110. Animals will not be stunned unless it is possible to bleed, pith or kill it without delay.

111. An adult bovine animal will not be put in a stunning pen or have its head fastened unless the person who is to stun the animal is ready to do so.

112. Any person using a captive bolt instrument must check that the bolt is retracted to its full extent after each shot and if it is not retracted must ensure that the instrument is not used again until it has been repaired.

113. Bovine animals will not be shot with a captive bolt in the back of the head. 114. Sheep or goats will not be shot with a captive bolt in the back of its head, except

where horns prevent the use of the top or the front of the head, in which case they may be shot in the back of the head immediately behind the base of the horns and aimed towards the mouth as long as bleeding is commenced or the animal is killed within 15 seconds of shooting.

115. A waterbath stunner must not be used to stun any bird unless the level of the water in the waterbath has been adjusted in order to ensure that there is good contact with the bird's head.

Schedule 5 – Stunning or killing

ANNEX 2

64

Subject Policy Aim WASK Provision

116. A waterbath stunner must not be used unless a person is available to ascertain whether it has been effective in stunning the birds and who, where it has not been effective, will either stun and slaughter or kill any bird without delay.

117. Any waterbath stunner used is adequate in size and depth for the type of bird being slaughtered.

Surplus chicks 118. Surplus chicks are not killed by dislocation of the neck unless the dislocation is accompanied by the severance of the spinal cord and blood vessels in the chick's neck.

Schedule 11 – Surplus chicks and embryos

w w w . s c o t l a n d . g o v . u k

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ISBN: 978-1-78045-812-0 (web only)

The Scottish GovernmentSt Andrew’s HouseEdinburghEH1 3DG

Produced for the Scottish Government by APS Group ScotlandDPPAS12967 (08/12)

Published by the Scottish Government, August 2012