Animal Health and Welfare Act 2013

SCHEDULE 3

Matters in respect of which Animal Health and Welfare Regulations may be made

Housing and Husbandry of animals

1. To provide for proper husbandry and management of animals, for proper farming practice and for appropriate welfare standards for animals at all stages of their lives, including during sale, transport or, in the case of farm animals, lairaging or at slaughter.

2. The provision of a proper supply of food and liquid to an animal.

3. To provide that an animal has adequate space for movement, exercise, socialisation and other needs.

4. The provision, maintenance, specifications and equipment of containment in relation to an animal, including the—

( a) dimensions and layout of housing,

( b) materials to be used in constructing housing, and

( c) lighting, heating, cooling and ventilation of housing.

5. The operation, management and supervision of land or premises on which an animal is kept.

6. The standards and maintenance of land or premises on which an animal is kept or that is otherwise used in connection with an animal.

7. The provision and maintenance of drainage, water supply or other facilities for an animal, including the sanitation of land or premises on which an animal is kept or otherwise used.

8. The protection of animals from adverse weather or other environmental conditions.

Disease control and veterinary

9. The notification of the existence or suspected existence of disease.

10. The provision of treatment by a veterinary practitioner or other appropriate person.

11. The isolation, segregation, treatment (including disinfecting, cleaning and treatment with an insecticide or other substance), storage or disposal of an animal, animal product, animal feed, vehicle, vessel, aircraft, machinery, equipment, land or premises or other thing used in connection with an animal, animal product or animal feed.

12. The submission of animals, animal products, animal feed and other things for testing or for the taking of samples.

13. Requiring that animals, animal products, animal feed or other things (or samples from animals, animal products, animal feed or other things) be tested for the purposes of preventing the risk of disease, disease control or surveillance and are subjected to examination, test or analyses in a manner specified.

Identification of animals

14. The identification (by means of tags, microchips, documents, genetic or electronic means, or otherwise) of an animal, including notification of the birth, death, sale, movement or other event relating to an animal.

F28 [ 14A. The regulation (including the restriction or prohibition) of the acquisition, possession, sale, supply or transport of an animal required to be identified.

14B. The establishment and maintenance of a database and entry on the database of information relating to an animal required to be identified and publication of information relating to such an animal.

14C. The operation and training of persons in connection with the provision and publication of information on and the operation of a database referred to in paragraph 14B . ]

15. The manufacture, import, distribution, sale, supply, possession, control, use or disposal of means of identification or other thing (including a record) relating to the identification of an animal.

16. The prohibition of tampering with, removal, forgery or alteration of, and the regulation of the means of, identification or other thing (including a document) relating to the identification of an animal.

Measures to be taken regarding animals

17. The destruction, burial or disposal of an animal, animal product, animal feed, litter, vehicle, vessel, aircraft, container, equipment, machinery or other thing used in connection with an animal, animal product or animal feed.

18. The regulation (including prohibition) of examination, taking of samples or carrying out of tests and analyses on an animal, a sample taken from an animal, animal product, animal feed,litter, bedding, vehicle, vessel, aircraft, container, equipment, machinery or other thing used in connection with an animal.

19. The provision of biosecurity measures, including the use of personal protective equipment and the cleansing or disinfecting of clothing, equipment, machinery, land or premises.

20. The maintenance and repair of boundary fences, walls or other structures.

Transport or movement of animals

F29 [ 21. The regulation (including restriction or prohibition) of transport or movement of animals, animal products or animal feed, including provisions in respect of

( a ) the conditions (including provision of adequate food and water) in which an animal is kept while being moved or transported to avoid any unnecessary suffering or discomfort, and

( b ) notification of the transport or movement, including any notification of adverse weather conditions forecast for the period of transport or movement. ]

22. The transport or movement of an animal, animal product or animal feed, a vehicle or container, or vessel or aircraft, used in connection with the transport or movement of an animal or other thing referred to in this paragraph, including the—

( a) standards required of equipment, a vessel, aircraft, vehicle, container or other thing used for, or ancillary to, the transport or movement of an animal, animal product or animal feed, and

( b) care, including feeding, watering and rest periods of an animal during transport or movement.

23. The information to accompany an animal or to be provided before or after an animal is transported or moved including details of the person to whom, and manner in which, the information is to be provided.

24. The regulation or prohibition on the import into, or export from, the State of an animal, animal product, animal feed, litter, bedding, farm machinery, animal transport vehicles and other equipment used with or in connection with a thing to which this paragraph refers, including—

( a) notice to be given prior to the import or export,

( b) places of departure from, or entry into, the State,

( c) documentation to accompany an animal, animal product, animal feed, litter, farm machinery, animal transport vehicles or other equipment being imported or exported.

Regulation of activities relating to animals

25. The regulation or prohibition of—

( a) keeping, breeding, rearing or other use of an animal in such a manner as to avoid unnecessary suffering to the animal,

( b) breeding of animals (including zootechnical matters) to protect or enhance their health and welfare including—

(i) their possession and sale, and

(ii) the use of their semen, ova, eggs, embryos and foetuses.

26. The regulation of the possession, purchase, movement, agistment, sale or supply of an animal, animal product, animal feed, litter, bedding, farm machinery or farm equipment.

27. The regulation of land or premises on which animals, animal products or animal feed are kept or are sold or supplied or animals are shown, compete, or are used in connection with a sporting or cultural activity.

28. The regulation or prohibition on gatherings of animals or people (including at sporting events) in the interests of animal welfare to prevent the risk of, spread of, or the eradication of, disease.

29. The regulation or prohibition of the killing of animals, including the method and manner of such killing by specified persons trained for that purpose.

The regulation or prohibition of the movement of persons

30. The regulation or prohibition of the possession, acquisition, sale, supply, movement, transport or export of farm animals, including horned animals, which, in the opinion of the Minister, constitute a danger to other animals or human beings.

31. The erection of notices stating that disease is present on, or entry is prohibited to, any land or premises, and related matters.

Regulation of veterinary and other procedures

32. The regulation or prohibition of operations and procedures (including docking of the tails of animals).

33. The regulation of the use of anaesthetics or analgesics during operations and procedures on animals.

34. The prophylactic or therapeutic treatment of animals with animal remedies.

35. The regulation of laboratories used to examine, test and analyse samples having regard to equipment, procedures, sample integrity and personnel.

36. The regulation or prohibition of the use or possession of vaccines in the interest of animal health.

Animal health and welfare control programmes

37. The provision of controls either generally or in relation to a particular area in respect of animal populations for the purposes of promoting, maintaining or improving animal health and welfare, including—

( a) programmes for the identification (including microchipping), neutering, spaying or humane destruction of animals,

( b) regulation (including prohibition) of the sale orsupply of an animal unless identified, neutered or spayed,

( c) identifying (including microchipping), neutering or spaying an animal detained under this or any other enactment prior to returning the animal or supplying it to any person, and

( d) the provision of sufficient security by a person to identify, neuter or spay an animal.

Administrative

38. To facilitate a census of animals at risk of, or affected or suspected of being affected with, disease in a particular area.

39. The carrying out of surveys or programmes to monitor, assess or enhance animal welfare or animal health, to monitor or assess disease, or disease surveillance.

40. The granting of licences, permits, approvals or authorisations, certificates or other documents in respect of any matter or activity referred to in this Act and the attachment of conditions to such and the limitation or restriction of them should any conditions not be met.

41. An application for any of the documents referred to in paragraph 40 and appeal procedures by an applicant refused such document and, in the case of the suspension or revocation of such, by its holder.

42. The extent to which animal health and welfare regulations are to be administered by local authorities.

43. The form, content, maintenance and production of records.

44. The registration of animals and premises where animals are kept, sold, processed, moved or otherwise dealt with.

45. The undertaking of training by persons or classes of persons and the provision of training by persons or classes of persons.

F29 [ EU matters

46. Giving effect to an act, or a provision of an act, of an institution of the European Union in respect of animals or animal products, including disease, health, welfare, identification, movement, transport, import, export, traceability or sale or supply of animals or animal products.

Collection of information in relation to animals and animal products (tracing systems)

47. The establishment and maintenance of systems ( tracing systems ) by the Minister or another person to collect and process information (in electronic form or otherwise) relating to animals and animal products, including disease, health, welfare, identification, movement, transport, import, export, traceability, and sale or supply of animals or animal products. ]

F30 [ 48. Establishing standards for tracing systems whether established and maintained by the Minister or another person (including the training of persons involved in the operation of the systems).

49. Matters regarding tracing systems (including keeping a database in electronic form or otherwise) relating to animals and animal products for the purpose of

( a ) monitoring, controlling or preventing disease or the risk of disease,

( b ) eradicating or reducing the incidence of disease, or

( c ) monitoring, optimising or enhancing animal welfare.

50. The persons or classes of persons required to submit or keep information for tracing systems.

51. The species, type, breed or class of animal or type of animal product to which the collection of information to be kept on the database of a tracing system applies.

52. The period within which information to be kept on the database of a tracing system is to be submitted and to whom.

53. The form and content of information to be kept on the database of a tracing system.

54. Access to tracing systems (including databases).

55. Collection and management of information to be kept on the database of a tracing system on events relating to animals, including but not limited to, birth, movement (including persons who move animals), sale, slaughter, import, export and death, and land or premises where animals are kept.

56. Conferring functions, in relation to tracing systems (including management of information on databases) on specified persons or classes of person.

57. Regulating (including restricting or prohibiting) the use of tracing systems (including databases) in relation to the identification and traceability of animals, including collecting and managing information relating to animals, including birth, death, movement, sale, supply, export, slaughter or disposal.

58. Notification of the acquisition, movement, sale, supply, export or death of the animal entered or required to be entered on a database.

59. Regulating

( a ) the identification of animals by a local authority or charity engaged in work relating to the welfare of animals, and

( b ) access to information kept on an animal tracing system database by a local authority or charity engaged in work relating to the welfare of animals.

60. Requiring cooperation between operators of tracing system databases, and the use of a common portal to facilitate access to information maintained on such a database, by persons or classes of persons specified, the parameters of access, the making and application of protocols between such operators and the giving of directions by the Minister in relation to such cooperation to operators of tracing system databases. ]