Your SlideShare is downloading. ×
EU 2099/2009 Scottish background info
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×

Introducing the official SlideShare app

Stunning, full-screen experience for iPhone and Android

Text the download link to your phone

Standard text messaging rates apply

EU 2099/2009 Scottish background info

278
views

Published on

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 …

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

Published in: News & Politics

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
278
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
3
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Implementation in Scotland ofEU Regulation 1099/2009 on theprotection of animals at the timeof killingConsultation Document29th August to 26th October 2012
  • 2. ContentsEXECUTIVE 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 4PART 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 5PART 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
  • 3. Enforcement 11 National Rules 11 Falling out of Scope 12 Enforcement 12PART 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 45PART IV – ANY OTHER COMMENTS 47ANNEX 1: QUALIFICATION CERTIFICATE – PROPOSED MODULE TITLES 48 Bird unit groups 48 Mammal unit groups 49ANNEX 2: WASK PROVISIONS CONSIDERED TO PROVIDE MORE EXTENSIVEWELFARE 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
  • 4. Certificate of Competence 54Gas - birds 55Gas – birds outside a slaughterhouse 56Gas - pigs 57Horses - facilities 58Horses - killing 58Lairage 58Maintenance 59Religious slaughter - animals 59Religious slaughter - birds 60Religious slaughter - general 61Restraint 61Slaughter for disease control 63Stunning 63Surplus chicks 64
  • 5. Executive summaryBackgroundAnimal welfare at slaughter is currently protected by the Welfare of Animals (Slaughteror Killing) Regulations 1995 (WASK). This transposes Council Directive 93/119/EC onthe protection of animals at the time of slaughter or killing. On 1st January 2013 a newEU Regulation, 1099/2009 on the protection of animals at the time of killing, comes intoeffect, replacing Directive 93/119/EC. This was developed in light of scientificdevelopments, European Food Safety Authority opinions and public concern regardingpoor practice in some member states. Its aim is to improve welfare in several key areaswhilst ensuring a level playing field for business operators.The issueThis change in EU legislation means that WASK must be revoked, at least in part, andreplaced with new domestic legislation to implement and enforce Regulation 1099/2009.Regulation 1099/2009 mainly comprises technical rules that are directly applicable in allMember States. However, it adopts a more outcome-led approach than currentdomestic WASK legislation, setting out a number of overarching welfare requirementsthat must be met while giving relatively little detail on how this should be achieved. Thiscould potentially give rise to gaps in protection compared with current domesticlegislation. To offset this, Regulation 1099/2009 provides the option to retain nationalrules existing in domestic legislation in 2009 (when the Regulation came into force)and/or to introduce new national rules on slaughter outside a slaughterhouse, farmedgame, and religious slaughter where these go beyond the Regulation in terms ofprotecting animal welfare.This flexibility in how the Regulation is implemented is unusual and the ScottishGovernment must consider the public-good benefits, ethical considerations, and thefinancial costs to businesses attached to taking advantage of it. We must also considerthe most appropriate way of enforcing those directly applicable elements of theRegulation in Scotland. This Consultation is one method by which we shall gatherinformation to inform the final shape of the implementing legislation. The Consultation isrunning for 8 weeks from 29th August to 26th October 2012Key pointsDirectly applicable measuresRegulation 1099/2009 mainly comprises technical rules that are directly applicable in allMember States. These give rise to changes in, for example: the scope of the legislation,licensing arrangements, management practices, operational practices, and stunningrequirements. 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 1
  • 6. 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 formechanisms to implement these changes in a consistent manner across the UK; forexample on training, licensing mechanisms, enforcement, offences and penalties.Views on these aspects are being sought.Certificates of CompetenceOne aspect of the directly applicable measures that will be of particular interest is thetransition from WASK slaughter licences to Regulation 1099/2009 Certificates ofCompetence. The EU Regulation introduces a two-step approach to licensing, with arequirement to undergo training and assessment by a body free from any conflict ofinterest and to exchange the resulting qualification certificate for a Certificate ofCompetence. Under the new system, training and assessment to obtain a Certificate ofCompetence will be independent of the competent authority and will be delivered as aqualification in line with an agreed framework and awarded by independently accreditedorganisations. Crucially, the requirement for training and a Certificate of Competencewill be extended to those handling livestock prior to slaughter, including in lairage.The Scottish Government are working to provide a training framework for Scotland inline with the framework that will be made available in the rest of the UK. Both theframework and any Awarding Organisations will be accredited by the ScottishQualifications Authority. At this point, it is unlikely that courses will be available beforeDecember 2012; we acknowledge that this is far from ideal but propose a mechanism toallow existing workers requiring training under the new Regulation to continue workinguntil they can obtain that training. We are aware of the possible financial implications ofthis training requirement for small and remote businesses in particular and seek earlyviews on this.Until 8th December 2015, Regulation 1099/2009 allows Member States to establish asimplified approach to issue of Certificates of Competence for staff with three or more yearsrelevant professional experience. The Scottish Government intends to take full advantageof this opportunity in line with the rest of the UK and had been working with Defra and theother Devolved Administrations. Proposals are outlined and views are sought on these.Existing national rulesRegulation 1099/2009 allows Member States to maintain national rules existing whenthe Regulation came into force on 8 December 2009 where these provide moreextensive protection of animals at the time of killing than the minimum standardsprescribed by Regulation 1099/2009. There are a number of specific areas where theRegulation might be considered to set lower welfare standards than currently apply inthe UK - these are outlined in this consultation. The Scottish Government is committedto keeping regulatory burdens to a minimum and would not normally consider the use ofnational rules to supplement provisions in an EU regulation. However we are alsocommitted to securing good standards of animal welfare. For this reason, and afterinitial discussion with key stakeholders, our starting principle will be to maintain all 2
  • 7. existing national rules that go beyond Regulation 1099/2009. The Scottish Governmentwill only consider proposals for the removal of specific national rules where there arevalid reasons to do so and where doing so does not compromise animal welfare. Thisconsultation provides you with an opportunity to propose the removal of existing nationalrules where you consider such action necessary.New national rulesRegulation 1099/2009 also allows the introduction of new stricter national rules toimprove welfare protection given to animals killed outside a slaughterhouse, farmedgame and animals killed by methods prescribed by religious rites. It is ScottishGovernment policy to avoid imposing unnecessary additional regulatory burdens onindustry. However, we are also committed to improving animal welfare. A number ofsuggestions for new stricter national rules have been made and inclusion of some or allof these suggestions in the implementing legislation will be considered on a case bycase basis where there is objective evidence that doing so will significantly improveanimal welfare. This consultation gives you the opportunity to comment on thesuggestions made to date, and to propose additional or alternative new stricter nationalrules in these three specific areas.Religious slaughterSlaughter without pre-stunning is permitted for religious purposes by Regulation1099/2009, but the conditions laid down for welfare protection in this situation are farbehind existing UK legislation. The Regulation does allow Member States to imposefurther conditions or even to ban the practice through national rules. There areobviously strong feelings from both perspectives as to how far this opportunity should betaken. No slaughter without stunning currently occurs in Scotland; however, the ScottishGovernment recognises the right of members of religious communities to eat meatprepared in accordance with their religious beliefs. We intend to maintain existingnational rules on religious slaughter. We will only consider new national rules wherethere is evidence of a likely beneficial impact on welfare and where to do so does notprevent the production of meat according to religious beliefs. This consultation providesan opportunity to comment on these proposals.Differences within the UKRegulation 1099/2009 is directly applicable to all Member States but the flexibilitysurrounding national rules means that there is the potential for differences between UKAdministrations in a number of areas. Feedback from Scottish stakeholders to datesuggests that there is a willingness to go much further to legislate to improve animalwelfare at slaughter in Scotland than appears to be the case in some other parts of theUK at present. We feel that this stance should be but we would not wish to createdifficulties for the Scottish industry when interacting with the rest of the UK industry.Views on this question are therefore sought. 3
  • 8. Compulsory CCTVThere have been calls for the Scottish Government to make the use of CCTV inslaughterhouses compulsory. We acknowledge that CCTV could provide, alongsideother methods, inconspicuous monitoring; however it also has limitations. In addition, anFSA report (May 2012) recently found no significant variation in compliance levels withWASK between those premises with or without CCTV. We are aware that the ScottishParliament Cross Party Animal Welfare Group has convened a subgroup to take forwarda detailed survey on CCTV and we expect to receive recommendations from them,probably in autumn 2012. However, in order to fully appraise the proposal forcompulsory CCTV, we would also need to consider the burdens a regulatory approachwould place on small and medium size businesses, as well as the overall impact thatCCTV might have in reducing welfare abuses in slaughterhouses. Given the timeconstraints for implementing Regulation 1099/2009, we do not plan to pursue proposalsfor compulsory CCTV further at this time. However, we may re-visit the matter in futureshould there be clear objective evidence that making CCTV compulsory would have asignificant benefit to welfare monitoring beyond that of methods already available. Thisconsultation seeks views in that context.ConclusionThe Scottish Government appreciates that this is a long consultation document;however, we hope that you agree that this is not unnecessarily so. Implementing EURegulation 1099/2009 is a hugely complex project, and it is crucial that we get as muchinformation from stakeholders and people dealing with the day to day practicalities aspossible. We want to ensure that this Regulation is implemented in the most appropriateway for Scotland, and the Scottish Government would very much appreciate your help indetermining  what  Scotland’s  approach  should  be. 4
  • 9. Part I – About this consultationTopic of this consultationThis consultation seeks views on proposals to implement EU Regulation 1099/2009 onthe protection of animals at the time of killing, in Scotland, with effect from 1 January2013.Animal welfare at slaughter is currently protected by the Welfare of Animals (Slaughteror Killing) Regulations 1995, which transposes Council Directive 93/119/EC. On 1 stJanuary 2013 a new EU Regulation, 1099/2009 on the protection of animals at the timeof killing, comes into effect, replacing Directive 93/119/EC. This was developed in lightof scientific developments, EFSA opinions and public concern regarding poor practice insome member states. Its aim is to improve welfare in several key areas whilst ensuringa level playing field for business operators.Scope of this consultationRegulation 1099/2009 mainly contains technical rules directly applicable in all MS;however, it provides the option to retain national rules existing in domestic legislation in2009 (when the Regulation came into force) and/or to introduce new national rules onslaughter outside a slaughterhouse, farmed game, and religious slaughter where thesego beyond the Regulation in terms of protecting animal welfare.This Scottish Government consultation aims to inform you of the key rule changesdirectly applicable to all Member States and to seek views on proposed legislation toimplement 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 askingquestions regarding existing and new national rules; transitional measures; andpenalties, sanctions and offences. We are also taking this opportunity to seek views oncompulsory CCTV in slaughterhouses; however we are not planning to take further workon this forward at present. 1
  • 10. Geographical extentThe new domestic regulations will apply in Scotland only. Separate implementingregulations will be made in England, Wales and Northern Ireland.Business and regulatory impact assessmentIt is intended to gather information relating to the likely impact of implementingRegulation 1099/2009 on businesses separately from this consultation. However, if youhave any issues that you would like to raise at this point you may do so at Consultationquestion 30: ‘Do  you  have  any  other  comments  on  the  implementation  of  Regulation  1099/2009 in  Scotland?’.AudienceAnyone may reply to this consultation. The Scottish Government would like to hear fromanyone with an interest including food business operators, livestock and poultry keepers,animal welfare organisations, veterinary interests, faith groups and members of thepublic.Body Responsible for the consultationThe  Scottish  Government’s  Animal  Welfare  Team  is  responsible  for  the  policy  and  this  consultation.DurationThis 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 toface consultation with key stakeholders during March and April 2012 and therequirement to implement Regulation 1099/2009 by 1 January 2013.How to make an enquiryIf you have any queries relating to this consultation contact Pam Kennedy on 0300 2446673.The Scottish Government Consultation ProcessConsultation is an essential and important aspect of Scottish Government workingmethods. Given the wide-ranging areas of work of the Scottish Government, there aremany varied types of consultation. However, in general, Scottish Governmentconsultation exercises aim to provide opportunities for all those who wish to expresstheir opinions on a proposed area of work to do so in ways which will inform andenhance that work. 2
  • 11. The Scottish Government encourages consultation that is thorough, effective andappropriate 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 arelikely to be the same.Typically Scottish Government consultations involve a written paper inviting answers tospecific questions or more general views about the material presented. Written papersare distributed to organisations and individuals with an interest in the issue, and they arealso placed on the Scottish Government web site enabling a wider audience to accessthe paper and submit their responses. Consultation exercises may also involve seekingviews in a number of different ways, such as through public meetings, focus groups orquestionnaire exercises. Copies of all the written responses received to a consultationexercise (except those where the individual or organisation requested confidentiality) areplaced 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 ofresponse 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 aspart of the decision making process, along with a range of other available informationand evidence. Depending on the nature of the consultation exercise the responsesreceived 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 implementedFinal decisions on the issues under consideration will also take account of a range ofother factors, including other available information and research evidence.While details of particular circumstances described in a response to aconsultation exercise may usefully inform the policy process, consultationexercises cannot address individual concerns and comments, which should bedirected to the relevant public body.This consultation, and all other Scottish Government consultation exercises, can beviewed online on the consultation web pages of the Scottish Government website athttp://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 andorganisations to register and receive a weekly email containing details of all newconsultations (including web links). It complements, but in no way replaces SGdistribution lists, and is designed to allow stakeholders to keep up to date with all SG 3
  • 12. consultation activity, and therefore be alerted at the earliest opportunity to those of mostinterest. We would encourage you to register.Responding to this consultation paperWe are inviting responses to this consultation paper by 26th October 2012To 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 canbe accessed via www.scotland.gov.uk/animal-slaughter. Please note that this facilitydoes 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 thequestions before sitting down to complete the on line survey.Alternatively, you may use the Consultation Questionnaire Word document supplied toprovide your response electronically by sending it, along with your completedRespondent Information Form (see "Handling your Response" below) to:AnimalWelfareConsultations@scotland.gsi.gov.ukHandwritten responses will be accepted, although the previous methods are preferable.Again, you should use the Consultation Questionnaire provided as this will aid ouranalysis of the responses received. Please send your response, along with yourcompleted Respondent Information Form, to:ConsultationAnimal Welfare TeamP SpurSaughton HouseBroomhouse DriveEH11 3XDPlease note that due to time constraints, responses not using either the onlineQuestback survey or the Consultation Questionnaire Word document provided may notbe considered in the analysis of this consultation.Handling your responseWe need to know how you wish your response to be handled and, in particular, whetheryou are happy for your response to be made public. If using the ConsultationQuestionnaire Word document, please complete and return the RespondentInformation Form enclosed with this consultation paper as this will ensure that we treatyour response appropriately. Similar questions will be asked as part of the Questbacksurvey. 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 theprovisions of the Freedom of Information (Scotland) Act 2002 and would therefore have 4
  • 13. to consider any request made to it under the Act for information relating to responsesmade to this consultation exercise. If appropriate, please explain why you need to keepdetails confidential. We will take your reasons into account if someone asks for thisinformation under Freedom of Information legislation. However, because of the law, wecannot promise that we will always be able to keep those details confidential.Next steps in the processWhere respondents have given permission for their response to be made public andafter we have checked that they contain no potentially defamatory material, responseswill 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 theScottish Government consultation web pages by October 2012. You can makearrangements 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 anyother available evidence to help us reach a decision on how best to implement EURegulation 1099/2009 on the protection of animals at the time of killing, in Scotland. Weaim to issue a report on this consultation process and to lay legislation before theScottish Parliament by November 2012Comments and complaintsAn opportunity to provide comments on your experience of the consultation is providedas part of the consultation survey/questionnaire. Alternatively you may also send anycomments that you may have about how this consultation exercise has been conductedto  the  contact  details  in  the  ‘Responding  to  this  consultation’  section. 5
  • 14. Part II – Background informationPurpose and Scope of Regulation 1099/2009Welfare at slaughter or killing is currently subject to the requirements of CouncilDirective 93/119/EC, which has been transposed in Great Britain by the Welfare ofAnimals (Slaughter or Killing) Regulations 1995 (WASK) as amended. In 2008 theCommission brought forward proposals to replace Directive 93/119 with a new EURegulation, which, unlike the EU Directive, contains legal obligations that are directlyapplicable and binding in their entirety in Member States. In proposing a Regulation theCommission’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 operatorsconcerned, so that their competitiveness is not affected by discrepancies in theirproduction costs or their market access.Regulation 1099/2009 on the protection of animals at killing was made by the EuropeanCouncil in September 2009 and comes into effect on 1 January 2013 (although somemeasures in relation to layout, construction and equipment in slaughterhouses do notcome into effect until December 2019 for existing slaughterhouses). The Regulation willbe directly applicable in all Member States including the UK. Directive 93/119 will berepealed when Regulation 1099/2009 comes into effect, except for specific articlessubject to transitional provisions and listed in the Regulation.Regulation 1099/2009 provides a legal framework to ensure that overarching welfareoutcomes are achieved, namely that the best possible welfare standards are achievedwhen killing animals in specific situations. The detail of how this will be achieved is oftenleft to business operators to dictate according to their local situation. This approachdiffers slightly to the current WASK regulation, which although it also establishesoverarching welfare requirements, gives additional detailed technical standards requiredfor key aspects of the slaughter process on the assumption that if these standards aremet, the required welfare outcomes will be achieved.Regulation 1099/2009 will apply to the killing of all animals bred and kept for theproduction 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 ensurethat vertebrate animals (including poultry and fish, but excluding reptiles andamphibians) 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 instantdeath or death after stunning. The only exceptions to this are where slaughter is carriedout in accordance with religious rites (e.g. Halal or Schechita), subject to any nationalrules 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 poultryslaughtered outside a slaughterhouse by their owner for his/her private domestic 6
  • 15. 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 askilling for human consumption, not causing the death of an animal by bleeding as iscurrently the case under WASK.In Scotland, Regulation 1099/2009 will impact on the welfare of a significant number ofanimals slaughtered or killed annually: 55 million poultry 1.5 million sheep 645 thousand pigs 616 thousand farmed game 426 thousand cattle 196 goatsRegulation 1099/2009 will affect all 52 Food Business Operators (FBOs) in Scotlandinvolved in slaughtering pigs, poultry, cattle, sheep, farmed game and other species. Inaddition 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 killinganimals outside a slaughterhouse. There will be an impact on companies manufacturingequipment for use in slaughterhouses. Government agencies e.g. the Food StandardsAgency (FSA) and Animal Health Veterinary Laboratory Agency (AHVLA), which areresponsible for approving facilities, verification and enforcement activities andsupervision of depopulation operations, will also be affected. In addition, there is a widerimpact on society as members of the public generally expect the Scottish Government toensure 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:PDFA copy of WASK can be found at:http://www.legislation.gov.uk/uksi/1995/731/contents/madeObjectives for interventionThere are public good benefits and ethical considerations associated with the conduct ofanimal slaughter that provide  a  rationale  for  the  Government’s  involvement.    WhilstRegulation 1099/2009 is directly applicable to all Member States it also requires MemberStates to lay down rules on penalties and to take all measures to ensure they areimplemented. Penalties must be effective, proportionate and dissuasive. In addition,Article 26(1) of Regulation 1099/2009 allows Member States to maintain existingnational rules ensuring more extensive welfare protection than the minimum standardsprovided under Regulation 1099/2009 and Article 26(2) allows Member States to adoptnew national rules in relation to religious slaughter, slaughter outside a slaughterhouseand slaughter of farmed game. To avoid duplication of statutory requirements redundant 7
  • 16. elements of the current legislative framework must be repealed where superseded byRegulation 1099/2009. These measures require Government intervention.Previous consultationThe Scottish Government held meetings with key representatives of the slaughter andfarming industries, religious communities and animal welfare organisations during Marchand April of 2012. These were intended to provide an overview of Regulation No1099/2009 on the protection of animals at the time of killing and to initiate discussion onany key issues to assist the Scottish Government (SG) with the production of a morefocused consultation paper.Directly applicable measures in Regulation 1099/2009Regulation 1099/2009 adopts an outcome-led approach. It sets out a number ofoverarching welfare requirements that must be met to ensure the welfare of animals isprotected when they are killed, but gives relatively little detail on how this should beachieved. It obliges any person, including business operators, to ensure that animalsare spared any avoidable pain, distress or suffering during their killing and relatedoperations 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 workwithin to ensure that these requirements are met; these requirements are all directlyapplicable in every Member State. However, although there is an element ofprescription, the Regulation provides a measure of flexibility for business operators todetermine how these requirements are met at an individual business level throughStandard Operating Procedures (SOPs).Current provisions in WASK also include a general welfare provision requiring personsto ensure that they do not cause or permit any animal to sustain any avoidableexcitement, pain or suffering. WASK then goes on to prescribe detailed rules for manyindividual aspects of the slaughter process, leaving business operators very littlediscretion in those areas as to how they meet this overarching requirement. However, insome areas e.g. electrical waterbath stunning parameters, Regulation 1099/2009 ismore prescriptive. 8
  • 17. There is little difference in the overarching welfare outcomes that business operatorsmust achieve in relation to those activities where both Regulation 1099/2009 and WASKapply. However, Regulation 1099/2009 raises the standard of some of the existingwelfare outcomes required and adds new overarching welfare outcomes. As a result theRegulation requires a slightly higher standard of welfare to be achieved overall thanWASK but allows more flexibility in how that is achieved. In its final form, Regulation1099/2009 will introduce improved welfare protection in all Member States in a numberof areas.Regulation 1099/2009 introduces the following new, directly applicable obligations from1st 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. 9
  • 18. 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. * 10
  • 19. 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 2019Member States have no discretion over the introduction of the directly applicable elementsof Regulation 1099/2009 and this consultation will not address them.National RulesThere are a number of areas where the agreed Regulation is less prescriptive and mightbe considered to set lower welfare standards than currently apply in the UK. Forexample, 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 11
  • 20. 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 individualmember states, Regulation 1099/2009 allows national rules to be used to maintain nationallevels of animal welfare protection existing when the Regulation came into force in 2009. Inaddition it allows the introduction of new stricter national rules to improve welfare protectiongiven to animals killed outside a slaughterhouse, farmed game and animals killed withoutprior stunning for religious purposes. This consultation concentrates on these discretionaryaspects of the implementation arrangements.Areas where it is considered that existing provisions in WASK go beyond Regulation1099/2009 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 forpotential new stricter national rules in the three areas permitted are outlined in relevantsections later in this document. It is Scottish Government policy to avoid imposingunnecessary additional regulatory burdens on industry and inclusion of some or all ofthese suggestions in the implementing legislation will be considered on a case by casebasis and only if there is objective evidence that doing so will significantly improveanimal welfare.Falling out of ScopeThere are a number of differences in scope between Regulation 1099/2009 and WASK. Asa 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. TheScottish Government may lay separate secondary legislation under the Animal Healthand Welfare (Scotland) Act 2006 to achieve this.EnforcementRegulation 1099/2009 is directly applicable in UK law. However, to ensure that businessoperators comply with the obligations of Regulation 1099/2009 it is necessary for MemberStates to make domestic regulations to establish an effective enforcement regime withproportionate, dissuasive and effective penalties and sanctions. In addition it will benecessary to ensure that arrangements are in place to implement those aspects of 12
  • 21. Regulation 1099/2009 which require Member State or competent authority input. Theseinvolve 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 tomeet these requirements. 13
  • 22. Part III – Detailed implementation proposalsImplementing regulationsThe Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 (WATOK) willbe made under section 2(2) of the European Communities Act 1972. They will repealWASK 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 1099/2009Competent authorityScottish 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)). 14
  • 23. 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 andScottish 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 competentauthority and Member State responsibilities?DerogationsRegulation 1099/2009 permits the competent authority to derogate from any provision ofthe Regulation in exceptional circumstances where the competent authority considerscompliance is likely to affect human health or significantly slow down the process oferadication of a disease.It is proposed that a measure should be included giving effect to this derogation andwhich would require Scottish Ministers to introduce derogations by means of a noticewhich: 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 notincluded at Annex 1 to Chapter 1 of Regulation 1099/2009. 15
  • 24. Consultation question 2. Do you agree that derogations should be authorised inwording by Scottish Ministers should exceptional circumstances arise?Guides to Good PracticeRegulation 1099/2009 requires Member States to encourage the development anddissemination  of  Guides  to  Good  Practice  by  “organisations  of  business  operators”.  If  business operators fail to develop and submit Guides to Good Practice the competentauthority 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 todo so. Where Guides to Good Practice are prepared, Regulation 1099/2009 requiresthem to be developed in consultation with NGOs, the competent authority and otherinterested parties. The competent authority is required to assess Guides to GoodPractice to ensure they are consistent with Community guidelines. Once validated bythe competent authority, guidance must be forwarded to the European Commission.The British Meat Processors Association and British Poultry Council are drafting GGPsfor red and white meat slaughter activities respectively. These documents are notcovered by this consultation but further information can be obtained from the BritishMeat Processors Association (Fiona Steiger at fs@bmpa.uk.com) and the British PoultryCouncil (Richard Griffiths at RGriffiths:Britishpoultry.org.uk) respectively.Certificates of CompetenceRequirementsArticle 7(2) of Regulation 109/2009 requires every person undertaking the followingslaughter operations to hold a Certificate of Competence (CoC) (where slaughter meanskilling 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 whichhe/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 16
  • 25. 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 ofsmall quantities of poultry, rabbits and hares for direct supply of meat to the finalconsumer or local retail establishments from the requirement to hold a CoC. However,application of this derogation is contingent on the maximum number of animals involvedbeing set by the Commission with assistance by the Standing Committee on the FoodChain and Animal Health. This has not yet been done and as a result, it has beenassumed that the requirement to hold a Certificate of Competence (and the othermeasures in Regulation 1099/2009 that apply to slaughterhouses) will apply to all on-farm slaughter involving a direct supply.TrainingArticle 21 of the Regulation 1099/2009 requires Certificates of Competence to attest thepassing of an independent final examination on subjects relevant for the categories ofanimals concerned and corresponding to specific operations. It allows competentauthorities to delegate the final examination and the issuance of the certificate ofcompetence to a separate body or entity that is independent and free from any conflict ofinterest in relation to assessment and issuing certificates. It also requires the competentauthority to ensure that bodies providing or organising training have the necessaryexpertise, staff and equipment.The Scottish Government are working to provide a training framework for Scotland inline with the framework that will be made available in the rest of the UK. Both theframework and any Awarding Organisations will be accredited by the ScottishQualifications Authority. At this point, it is unlikely that courses will be available beforeDecember 2012; we acknowledge that this is far from ideal. We can confirm that thecourse 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 isworth noting that while we are not anticipating any particular issue with the availability ofAwarding Organisations, the Scottish Government cannot guarantee that anyorganisations will come forward to take up this role in Scotland.Application for a Temporary CoCBefore applying for a Temporary CoC (TCoC) the applicant must register with anAwarding Organisation to undertake the accredited qualification for protecting thewelfare of animals at the time of killing. When applying for a TCoC, applicants will berequired to provide: 17
  • 26. 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 underWASK that all prior convictions of welfare offences under national or EU legislation willbe taken into consideration when assessing whether a person can be given a CoC(previously a slaughter licence). This goes further than the provision under Regulation1099/2009, which only requires applicants to declare welfare offences committed in last3 years. The Competent Authority will take past welfare convictions into account whendetermining whether a person is fit and proper to hold a CoC or TCoC.The person receiving the application (OV in approved slaughterhouses or AHVLAVeterinary Officer / FSA CoC processing team for other premises) will issue a receipt ofapplication permitting the person to work under supervision while the application isprocessed by the FSA and the TCoC is issued.Application for a CoCIf the applicant is working under a TCoC, he / she may apply for the TCoC to beconverted into a CoC. If a person wishes to continue working, this must be done beforethe 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. 18
  • 27. 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 CoCsThe Competent Authority may refuse to grant a TCoC or CoC if the applicant fails toprovide any of the required information listed above or if the Competent Authority issatisfied that the applicant is not a fit and proper person to hold a CoC or TCoC. Anapplicant will have the right to appeal any decision made by the Competent Authority torefuse to issue a TCoC or CoC. Awarding Organisations have separate procedures inplace to deal with appeals against assessment decisions. A decision to refuse a CoC orTCoC will be served on the applicant by a formal notice that will confirm the reasons forthe refusal and provide details of the right to appeal.The Competent Authority may also suspend or withdraw a CoC or TCoC if satisfied thatany provision of the EU Regulation or the new domestic regulations has beencontravened. As with decisions to refuse a CoC or TCoC, a decision to suspend orwithdraw 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 arrangementsIt is proposed that specific arrangements should be introduced in relation to the issue ofCoCs for people in employment before 1 January 2013 and for some WASK licenceholders who can demonstrate that they have at least three years’ relevant professionalexperience. Under these arrangements: Anyone with a WASK licence issued before 1 st 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. 19
  • 28. 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  8 th December 2015 to apply for a CoC. Anyone engaged in a lairage/handling operation before 1 st 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 1 st 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 30 th 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 30 th 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  experienceUntil 8th December 2015, Regulation 1099/2009 allows Member States to establish asimplified approach to issue of Certificates of Competence for staff with three or moreyears 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 experienceFor clarification, it is proposed that three years relevant professional experience beinterpreted 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. 20
  • 29. 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 Regulation1099/2009 comes into force on 1 January 2013. Applicants will be expected to sign adeclaration at the application stage confirming that they had accrued at least threeyears’  relevant  professional  experience  on  1  January  2013.   Applicants may be asked toprovide supporting evidence if appropriate, when they apply for a CoC / TransitionalCoC.Simplified procedureUnder the simplified procedure, persons that can demonstrate they have at least threeyears’  experience  in  an  operation will not have to submit a qualification certificate at theapplication stage, provided that they meet certain conditions. The conditions will varydepending on whether the applicant is an existing licence holder or a person that hasbeen employed in certain handling operations (e.g. lairaging, shackling, hoisting) that donot currently require a licence under WASK.For WASK licence holders the following conditions will apply and applicants mustprovide: 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 followingconditions 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. 21
  • 30. 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 2012will cease to have effect on 1 January 2013. From that date persons will be expected toapply for a TCoC and undertake an assessment under the CoC arrangements.FeesFull cost recovery will apply to all aspects of the CoC arrangements including trainingand administration. Full details of the fees and costs involved are given in the latersection on fees. We are aware of the possible financial implications of trainingrequirements for small and remote businesses in particular. While data on this will begathered separately during investigations relating to the Business and RegulatoryImpact Assessment, we would appreciate any views you have on this at present.Consultation question 3. Do you agree with the suggested approach to introduce theRegulation 1099/2009 Certificate of Competence arrangements?Falling out of ScopeUnder Regulation 1099/2009 the following situations fall out of scope and no protection foranimal 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  welfareprotection in these situations already existing in WASK unless there are valid reasonsfor not doing so. This may need to be by laying separate secondary legislation underthe Animal Health and Welfare (Scotland) Act 2006.Consultation question 4. Do you agree that none, some, or all of the existingprovisions in WASK relating to the specified situations that fall out of scope underRegulation 1099/2009 should be retained in legislation under the Animal Health and 22
  • 31. Welfare (Scotland) Act 2006? Which, if any, provisions do you consider should beremoved and why? What alternative arrangements could be put in place?National rulesExisting national rulesThe Scottish Government is committed to keeping regulatory burdens to a minimum andwould not normally consider the use of national rules to supplement provisions in an EUregulation. However the Scottish Government is also committed to securing goodstandards of animal welfare. Regulation 1099/2009 allows Member States to maintainnational rules existing when the Regulation came into force on 8 December 2009 wherethese provide more extensive protection of animals at the time of killing than theminimum standards prescribed by Regulation 1099/2009.During the Stakeholder meetings conducted over March and April 2012, it wasrecognised that retaining such existing provisions in legislation would provide greaterprotection for animal welfare than adopting other measures, for example moving therelevant WASK requirements to Guidance to Good Practice. In-principle agreement wasreached by key representatives of slaughter and farming industries, religiouscommunities and animal welfare organisations that such existing national rules shouldbe retained in legislation unless there were valid reasons not to do so.The Scottish Government will therefore adopt this starting principle and will onlyconsider proposals for the removal of specific national rules where there are validreasons to do so and where doing so does not compromise animal welfare.The WASK provisions considered to provide more extensive protection than Regulation1099/2009 and that The Scottish Government propose to keep in legislation are listed atAnnex 2. Research funded by the Scottish Government in relation to poll stunning ofwater buffalo indicates that it might be possible to effectively stun these animals in thepoll position, where this is done in a slaughterhouse and the stun to sticking interval isvery short. We are not currently proposing any changes to permit poll stunning of waterbuffalo; however any views would be welcome.Consultation question 5. . Do you consider that none, some or all of the WASKprovisions identified at Annex 2 should be removed from legislation? Which, if any,provisions do you consider should be removed and why? What alternative arrangementscould be put in place?During the stakeholder meetings in March and April 2012, some existing national ruleswere singled out as worthy of particular consideration in this consultation:Inversion of animals – this is currently banned under WASK; however Regulation1099/2009 gives us the option of allowing inversion for religious slaughter. Two optionswere 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 23
  • 32. was not considered necessary by representatives of religious communities, whoconsidered this limited inversion little different from routine inversion to a horizontalposition for foot trimmng on farm. However, it should be noted that in a recent FAWCOpinion (April 2012), it was considered that there is consistent scientific evidence of thesignificant welfare disadvantages of inverting cattle for slaughter. Cattle inversion wasconsidered 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 90degrees will therefore be required if we are to consider this option. Such considerationwill also need to take account of the report on restraining bovines by inversion whichRegulation 1099/2009 requires the Commission to submit by 8 December 2012.Consultation question 6. Do you consider that we should retain existing provisionsprohibiting any inversion of animals, or that we should allow inversion up to a maximumof 90 degrees for slaughter for religious purposes? Can you provide supportingevidence for your choice?Bleed time – WASK currently prohibits movement of animals killed without pre stunningbefore a specified number of seconds have passed (20s for goats, 30s for bovines, mostbirds 90s and turkey/goose 2 minutes) or the animal has stopped bleeding, which ever isthe longer. Regulation 1099/2009 has no such requirement. Two options wereproposed: retain the existing WASK provisions, or revoke them and add a new moresuitable stricter rule; for example, for bovines research1 indicates that a significantnumber of animals will remain conscious post cut for more than 30 seconds and somefor considerably longer. In view of this it has been suggested that the standstill period forcattle should be increased to 60 seconds..Consultation question 7. Do you consider that we should retain existing WASKprovisions on bleed time for non stun slaughter, or that we should revoke existingprovisions and replace with a more suitable provision as a new stricter rule? Why? Ifyou consider that existing provisions should be replaced, what should the new provisionentail?Targeting of non stunned meat to supply – WASK currently restricts religiousslaughter to slaughter by the Jewish method for the food of Jews and by the Muslimmethod for the food of Muslims. This targeting of supply has not previously beenenforced due to practical issues regarding traceability. Two options were proposed:revoke the provision in WASK as it is currently unenforceable, or retain the provision andfind a way to effectively enforce it.Consultation question 8. Do you consider that we should retain the existing WASKprovision 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 2009.12.005Published May 2010. 24
  • 33. Certificate of Competence requirements – WASK currently requires a slaughterlicence to be held by knackermen and any person undertaking culling and disposal onfarm, except in the case of certain activities that are excluded from this requirement (forexample killing with a free bullet, or killing a bird by kneck dislocation at the holding onwhich it was reared). Regulation 1099/2009 has no such requirement. Two optionswere proposed; retain existing WASK requirements for all sectors, or retain existingWASK requirements for some sectors and revoke for others where such provision is notconsidered a requirement to protect animal welfare.Consultation question 9. Do you agree that we should retain current WASKrequirements for a slaughter licence for culling and disposal of animals for knackermenand all farmers? Are there any sectors that you think existing provisions should berevoked for? If so, why and how would animal welfare be protected?Third party slaughter activities – Article 10 of Regulation 1099/2009 exemptsslaughter of an animal by a third party where the animal is for the owners own privateconsumption. Again it is proposed that the certificate of competence arrangementsshould be applied through national rules to this activity.Consultation question 10. Do you agree that we should retain current WASKrequirements for a slaughter licence for third party slaughter activities through nationalrules?New stricter national rulesRegulation 1099/2009 also allows the introduction of new stricter national rules toimprove welfare protection given to animals killed outside a slaughterhouse, farmedgame and animals killed by methods prescribed by religious rites. It is ScottishGovernment policy to avoid imposing unnecessary additional regulatory burdens onindustry. However, the Scottish Government is also committed to improving animalwelfare. A number of suggestions for new stricter national rules have been made andinclusion of some or all of these suggestions in the implementing legislation will beconsidered on a case by case basis where there is objective evidence that doing so willsignificantly improve animal welfare.Slaughter outside a slaughterhouseTo further protect and improve the welfare of animals slaughtered outside aslaughterhouse, it has been proposed that a number of new measures be adoptedthrough 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. 25
  • 34. 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 nationalrules suggested on slaughter outside a slaughterhouse are required to protect thewelfare of animals? Which, if any, of the suggestions do you support? Please explainwhy and provide details of any suggestions.Consultation question 12. Do you have any other suggestions for new national ruleson slaughter outside a slaughterhouse? Please provide details.Consultation Question 13. Can you provide supporting evidence for the likely successof any of the suggested new measures on slaughter outside a slaughterhouse? Pleaseprovide details.Consultation question 14. Do you consider any of the suggested new measures forslaughter outside a slaughterhouse unlikely to work in practice? If so, why?Slaughter for religious purposesOver the last few years, considerable concern has been expressed by welfareorganisations and members of the public about the welfare of animals slaughteredwithout stunning in accordance with religious rites. The Scottish Governmentrecognises the right of members of religious communities to eat meat prepared inaccordance with their religious beliefs. The Scottish Government discussed the welfareof animals slaughtered without stunning in accordance with religious rites withrepresentatives of the Jewish and Muslim communities at the Stakeholder meeting inMarch 2012. The matter was also discussed with representatives of the slaughter andfarming industries and animal welfare bodies at other stakeholder meetings held duringMarch and April 2012. In addition to maintaining existing national rules, the ScottishGovernment wants to consider what steps might be taken to improve the welfare ofanimals slaughtered in this way.To protect and improve the welfare of animals slaughtered in accordance with religiousrites it has been proposed that a number of new measures be adopted through nationalrules: 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. 26
  • 35. 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 nationalrules suggested on non stun slaughter for religious purposes are required to protect thewelfare of animals? Which, if any, of the suggestions do you support? Please explainwhy and provide details of any suggestions.Consultation question 16. Do you have any other suggestions for new national ruleson non stun slaughter for religious purposes? Please provide details.Consultation Question 17. Can you provide supporting evidence for the likely successof 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 onnon 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 nationalrules suggested on non stun slaughter for religious purposes will impact on members ofthe 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 thedeath of the animal) The government supports this from a welfare perspective and doesnot wish to see implementation of Regulation 1099/2009 jeopardise this approach. Ifrecoverable stunning is voluntarily undertaken in relation to slaughter in accordance withreligious rites, the application of Article 4(4) of Regulation 1099 means that none of thedetailed stunning method specifications in Chapters I and II of Annex I to Regulation1099/2009 will automatically apply. As a consequence and, in the absence of nationalrules, recoverable stunning undertaken in the context of religious slaughter wouldeffectively be unregulated. In view of this it is proposed that the methods specified inChapter I of Annex 1 and the Specific Requirements at Chapter II to Annex 1 should beapplied for the purposes of stunning undertaken in conjunction with slaughter inaccordance with religious rites, through national rules.Consultation question 20. Do you agree that the Regulation 1099/2009 stunningrequirements and procedures should apply where an animal is stunned where slaughter 27
  • 36. takes place in accordance with religious rites? Why? Do you have any suggestions foralternative stunning parameters, and can you support your suggestions with evidence oftheir effectiveness in inducing recoverable stunning?Farmed GameDuring the stakeholder meetings held in March and April 2012, the current WASKprovisions were considered to provide adequate protection for the welfare of farmedgame at slaughter. No new rules have been proposed regarding the slaughter of farmedgame.Consultation question 21. Do you have any suggestions for new national rules on theslaughter of farmed game? Can you provide supporting evidence for the likely successof your suggestion(s)? Please provide details.National Rule Differences between Devolved AdministrationsDuring the stakeholder meetings in March/April 2012, there were some concerns raisedregarding potential problems arising from national rules differing between different partsof the UK; however no specific issues were highlighted. The Scottish Governmentacknowledges the close industry ties between UK countries and aims to be consistentwith the rest of the UK where possible and appropriate. However feedback fromScottish stakeholders to date suggests that there is a willingness to go much further tolegislate to improve animal welfare at slaughter in Scotland than appears to be the casein 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 wheninteracting with the rest of the UK industry.Consultation question 22. Do you consider that national rules in Scotland that differfrom those in the rest of the UK would create problems for Scottish industry? Pleaseexplain why.Monitoring procedures and CCTVRegulation 1099/2009 requires business operators to implement monitoring proceduresin slaughterhouses to ensure that animals do not present any signs of consciousness orsensibility in the period between the end of the stunning process and death. No furtherguidance has been provided on how these monitoring checks should be undertaken.We have reviewed the case for compulsory CCTV to help meet the Regulation1099/2009 monitoring requirements. It is not possible to require installation of CCTVunder  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 fieldsidentified i.e. religious slaughter, on-farm slaughter and killing of farmed game. It wouldbe possible to make regulations requiring compulsory installation of CCTV inslaughterhouses 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   28
  • 37. 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 voluntarybasis and it might therefore be useful to look at the case for additional regulation in thatcontext. On 22nd May 2012, the FSA published a report on an animal welfare surveythat they conducted from 19 to 25 September 2011 in slaughterhouses in GB, whichincluded questions regarding the use of CCTV in key areas within slaughterhouses(stunning area, bleeding area, and unloading and lairage areas). They found nosignificant variation in compliance levels with WASK identified between those premiseswith or without CCTV. The Scottish Parliament Cross Party Animal Welfare Group haveconvened a subgroup to take forward a more detailed survey of existing arrangements inplace for CCTV in Scotland and views on action that should be taken in future. Thissurvey was issued to 43 abattoirs, butchers and processors in Scotland on 24 th May2012 with a request that responses are returned by the end of June 2012. It is likely thatthe subgroup will make recommendations to the Scottish Government, probably inautumn 2012.In order to fully appraise the proposal for compulsory CCTV, in addition to theinformation from these surveys, the Scottish government would also need to considerthe 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 inslaughterhouses. Taking account of these considerations, the potential stimulus thenew monitoring requirements in Regulation 1099/2009 will have in relation to voluntaryuptake post-January 2013, and the time constraints for implementing Regulation1099/2009, we do not plan to pursue proposals for compulsory CCTV further at thistime. However, we may re-visit the matter in future should there be clear objectiveevidence that making CCTV compulsory would have a significant benefit to welfaremonitoring beyond that of methods already available. We would welcome your views inthat context.Consultation question 23. Do you consider that business operators should remain freeto adopt the most appropriate monitoring tools for their individual circumstances? Why?Consultation question 24. Can you provide objective evidence of a likely significantbeneficial impact that compulsory CCTV would have on welfare monitoring beyond thatof methods already available? Please provide details.Transitional measuresRegulation 1099/2009 repeals Directive 93/119/EEC, which WASK transposed;however, until 8 December 2019 the provisions in Regulation 1099/ 2009 in relation tolayout, construction and equipment in slaughterhouses only apply to newslaughterhouses and layout. For existing slaughterhouses the following provisions ofDirective 93/119/EEC continue to apply until 8 December 2019: 29
  • 38. 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 2019Schedule 2 Part 1 General requirements for all slaughterhouses and knackersyards1. The occupier of a slaughterhouse or knackers’ yard shall ensure that-- (b) it has suitable equipment and facilities available for the purpose of unloadinganimals 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 requirementuntil 1st January 1996;Schedule 2 Part II Additional requirements for slaughterhouses or knackers yardsto which animals are delivered other than in containers2. In addition to requirements of paragraph 1 above, the occupier of a slaughterhouse orknackers’ 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; andSchedule 2 Part II Additional requirements relating to lairages other than fieldlairages3. The occupier of a slaughterhouse or knackers’ yard to which animals are deliveredother 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; 30
  • 39. (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; andSchedule 2 Part II Additional requirements relating to field lairages4. 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 animals13. The occupier of a slaughterhouse or knackers’ yard and any person engaged in thelairaging 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-- 31
  • 40. electrodes9. No person shall use, or cause or permit to be used, electrodes to stun any animalindividually 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 stunners10. No person shall use, or cause or permit to be used, a waterbath stunner to stun anybird unless--(a) the level of the water in the waterbath has been adjusted in order to ensure that there is good contact with the birds 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 stunners11. 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 chamber4. The occupier of a slaughterhouse at which a chamber is used shall ensure that-- 32
  • 41. (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 33
  • 42. Veterinary Laboratories Agency. We are also considering giving Local Authoritiespowers 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 actionin this area. Whether such an approach is taken is subject to separate discussions withLocal Authorities; however, views are welcome.Administrative SanctionsRegulation 1099/2009 already gives the competent authority powers to address non-compliances using enforcement measures set out in Article 54 of Regulation 882/2004on official controls performed to ensure compliance with, amongst other things, animalwelfare rules. In particular, Article 22 of Regulation 1099/2009 empowers the competentauthority 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 legislationon 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 FoodHygiene (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 tocover: aspects of Regulation not explicitly mentioned under Article 22; and provisionsintroduced under the national rules arrangements provided for at Article 26 of Regulation1099/2009. This will involve the use of Improvement and Stop Notices underpinned byan appropriate appeals mechanism. Decisions to suspend or revoke Certificates ofCompetence will also be subject to an appropriate appeals mechanism. We will wish toensure that notices have statutory force and, in common with all other existing welfarelegislation we propose a criminal offence for: every breach of the regulations that hascaused or is likely to cause pain or suffering to an animal; or failure to comply with a stopnotice. Our approach to enforcement will reflect the seriousness and immediacy of thewelfare threat and it is anticipated that criminal sanctions will be used as a last resortand only in the most serious and wilful cases. 34
  • 43. Welfare Improvement and Stop NoticesRegulation  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 ensurecompliance with the Regulation and domestic regulations. It will set a time limit withinwhich action must be taken. A Welfare Improvement Notice may in particular requirebusiness 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 shouldcommence. Failure to comply with a welfare improvement notice will be a criminaloffence.Stage 2 – Issue Stop Notice (if business operator fails to meet requirements of aWelfare Improvement Notice or if there is an immediate and serious threat to welfarecausing or likely to cause pain and suffering to an animal). This will impose a legalrequirement on the business operator to stop all affected activities with immediate effectand will not allow the business operator to re-start those activities until all infringementshave been remedied and required action taken.If a business operator ignores stop notice and maintains production or any action takenfalls short of that required, Stage 3 should commence.Stage 3 – Failure to comply with a stop notice will be a criminal offence. Initiate criminalproceedings for failing to comply with stop notice. The original offence might also beprosecuted where this involves deliberate, reckless or negligent infliction of pain,suffering and distress to animalsPenalty on summary conviction – fine not exceeding level 5 on the standard scale orimprisonment for a term not exceeding 3 months or both. 35
  • 44. Amending or withdrawing a certificate of competenceWhere a person no longer shows sufficient competence, knowledge or awareness ofhis/her tasks to carry out the operations for which the certificate was issued it isappropriate  to  amend  or  withdraw  that  person’s  certificate  of  competence.Stage 1 – Suspend certificate of competence pending completion of specified activitiese.g. retraining. Once the required action has been completed and knowledge has beenassessed as satisfactory, re-instate certificate of competence with conditions, including arequirement for the person to be re-assessed following a period of working undersupervision before the certificate is re-instated without conditions.Stage 2 – If the person continues to demonstrate insufficient competence, knowledge orawareness of his/her tasks to carry out the operations for which the certificate wasissued the certificate should be withdrawn.Note: Stage 2 is a lifetime ban in relation to specific activities identified on the certificateof competence, subject to any appeal, as the prohibition in Regulation 1099/2009 onissuing repeat temporary certificates for the same activity means there is no route backunless 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 withdrawnor 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 inWASK).Offences and penaltiesWe are proposing that the majority of criminal offences for serious or persistentbreaches of Regulation 1099/2009 should be punishable on summary conviction to afine not exceeding the statutory maximum (£5000) or to imprisonment not exceedingthree months or both in line with the European Communities Act 1972. This is intendedto address the deliberate, reckless or negligent infliction of pain, suffering and distress toanimals during killing operations which is significantly serious to warrant prosecution ofan individual or business. This reflects the enforcement approach and offenceprovisions under existing legislation (WASK).The following offences and penalties are proposed: Mode of trial and Details of proposed offence Maximum penalty REGULATION 1099/2009 Causing an animal avoidable pain, distress or Summary conviction suffering during killing or related operations; failing to – fine not exceeding take action to ensure an animal is not caused level 5 on the avoidable pain, distress or suffering during killing or standard scale or 36
  • 45. Mode of trial and Details of proposed offence Maximum penaltyrelated 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 Summary conviction methods and requirements in Annex 1; – fine not exceeding maintain loss of consciousness/sensibility until level 5 on the death of animals; standard scale or follow simple stunning methods (i.e. those imprisonment for a which do not result in instantaneous death), as term not exceeding quickly as possible by a procedure ensuring 3 months or both. death such as bleeding, pithing, electrocution or prolonged exposure to anoxia.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 Summary conviction factors which may affect efficiency of the – fine not exceeding stunning process when determining the level 5 on the frequency of checks; standard scale 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. 37
  • 46. Mode of trial and Details of proposed offence Maximum penaltyFailure 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 Summary conviction 6(2)(a)-(c) when drawing up SOPs; – fine not exceeding make SOPs available to the competent level 5 on the authority upon request; standard scale amend SOPs (as required under Article 22(a)). 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 Summary conviction certificate of competence – fine not exceeding level 5 on theFailure by business operator to: standard scale 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.Failure by business operator to:- Summary conviction Ensure  he  holds  a  copy  of  the  manufacturer’s   – fine not exceeding instructions concerning the use of and level 5 on the ensuring optimal conditions for the welfare of standard scale animals in respect of all restraining/stunning 38
  • 47. Mode of trial and Details of proposed offence Maximum penalty equipment in use and which was purchased after 1 January 2013. Summary convictionSelling restraining or stunning equipment without – fine not exceedingappropriate manufacturing instructions concerning level 5 on theuse. standard scaleFailure 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; Summary conviction make the maintenance records available to CA – fine not exceeding on request; level 5 on the ensure that during stunning operations, standard scale 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.Failure by business operator to:- Summary conviction ensure the layout and construction of – fine not exceeding slaughterhouses and equipment used therein level 5 on the comply with Annex II; standard scale 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.Failure by business operator to:- Summary conviction comply with operational rules for – fine not exceeding 39
  • 48. Mode of trial and Details of proposed offence Maximum penalty slaughterhouses in Annex III; level 5 on the ensure that all animals killed in accordance standard scale or with Article 4(4) without prior stunning are imprisonment for a individually restrained and if a ruminant, term not exceeding mechanically restrained; 3 months or both. comply with the prohibition on restraining methods in Article 15(3)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) Summary conviction put in place a specific monitoring procedure for – fine not exceeding each slaughter line level 5 on the take into account when considering frequency standard scale 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.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 Summary conviction responsible. – fine not exceeding ensure the AWO keeps a record of any action level 5 on the taken to improve animal welfare; keep such standard scale 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 welfareIn the case of emergency killing, failure by the keeper Summary conviction 40
  • 49. Mode of trial and Details of proposed offence Maximum penaltyof the animal concerned to take all necessary – fine not exceedingmeasures to kill the animal as soon as possible. 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 8December 2019) Summary convictionFailure to meet obligations as regards layout, – fine not exceedingconstruction and equipment of slaughterhouses level 5 on the standard scale Summary conviction – fine not exceedingFailure to meet obligations as regards the stunning of level 5 on theanimals by electronarcosis (electrodes) or the standard scale orstunning of birds by electronarcosis (waterbath imprisonment for astunning) term not exceeding 3 months or both. Summary conviction – fine not exceeding level 5 on theFailure to meet obligations as regards the killing of standard scale orpigs by exposure to gas mixtures imprisonment for a term not exceeding 3 months or both. Stricter national rules - Subject to formal consultation. However, theapproach adopted should reflect the general enforcement approach outlined in this form Summary convictionStricter national rules as regards Certificates of – fine not exceedingCompetence level 5 on the standard scale.Other stricter national rules Summary conviction 41
  • 50. Mode of trial and Details of proposed offence Maximum penalty – fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or both. Summary conviction Failure to comply with a welfare improvement or stop – fine not exceeding notice level 5 on the standard scale or imprisonment for a term not exceeding 3 months or both. Summary conviction – fine not exceeding level 5 on the Making a false declaration to obtain a certificate of standard scale or competence imprisonment for a term not exceeding 3 months or both. Summary conviction – fine not exceeding Obstructing or providing false or misleading level 5 on the information to a person authorised to enforce these standard scale or regulations imprisonment for a term not exceeding 3 months or both.Consultation question 26. Do you consider that the suggested approach toenforcement will provide effective and proportionate sanctions against non compliance?Consultation question 27. Do you consider that the suggested penalties will provideproportionate and effective sanctions? 42
  • 51. ENFORCEMENT FLOW CHART Was breach intentional Is breach a serious or persistent Yes or the result of Yes Criminal Sanction breach? recklessness or negligence? No No Failure to comply AppealIs there animmediate orcontinuing threat to Apply conditions Withdraw And / Does offence Yes or, if serious Certificatewelfare? or involve Certificate threat to welfare, holder? suspend certificate No Working with suspended / withdrawn certificate YesIssueImprovementNotice Failure to comply or no improvement Issue Stop within set Notice timescale 43
  • 52. Powers of entryIt is intended that powers of entry will be broadly similar to those in the rest of the UK; theproposals outlined here are therefore subject to further consideration. Enforcement can beundertaken by any person authorised by the Scottish Ministers for that purpose. It isproposed that an authorised officer may, on giving reasonable notice, and on producing aduly authenticated authorisation if required, enter any premises at any reasonable hour forenforcement purposes. An authorised officer may be accompanied by such other personsas the authorised officer considers necessary, including any representative of theEuropean 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 bedemanded as of right unless the entry is in accordance with a warrant obtained from ajustice 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. 44
  • 53. Consultation question 28. Do you consider that the suggested powers of entry ensureappropriate enforcement action can be taken whilst protecting the rights of individuals?AppealsIt 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 bythe Scottish Ministers.FeesIt 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 aresubject to further review. Activity Proposed FeeIssuing a Temporary Certificate of Competence £45Converting a Temporary Certificate of Competence to a full £15Certificate of CompetenceIssuing a Transitional Certificate of Competence £45Converting a Transitional Certificate of Competence to a full £15Certificate of CompetenceIssuing a Certificate of Competence where there is no £45Temporary Certificate of CompetenceModifying a Certificate of Competence £15Practical Assessment by an authorised veterinarian in an £55approved slaughterhouse under the simplified approachPractical Assessment by an authorised veterinarian outsidean approved slaughterhouse under the simplified approachVeterinary fees Up to 1 hour £100 For every additional hour or part of an hour (£100)Travel costs Up to 1 hour £100 For every additional hour or part of an hour (£100) 45
  • 54. Charges will also apply in relation to training and assessment associated with thequalification certificate. These charges will be set by the Awarding Organisations andApproved 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 andproportionate? 46
  • 55. Part IV – Any other CommentsImplementation of Regulation 1099/2009 is a complex issue. While we have done ourbest to explain the detail involved clearly, there may be aspects that you feel we have notexplained well or have not covered at all. The last questions in this consultation paper areto provide you with the opportunity to raise such points, and to provide us with feedback onthe consultation itself.Consultation Question 30. Do you have any other comments on the implementation of1099/2009 in Scotland?Consultation Question 31. Do you consider that the consultation paper explained thekey issues sufficiently for you to properly consider your responses?Consultation Question 32. Do you consider that you had sufficient time to respond to theconsultation?Consultation Question 33. Do you have any other comments on the way thisconsultation has been conducted? 47
  • 56. ANNEX 1Annex 1: Qualification certificate – proposedmodule titlesBird 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 48
  • 57. ANNEX 1 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 operationsMammal 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 49
  • 58. ANNEX 1Protect bovine welfare in captive bolt stunning operationsProtect bovine welfare in electrical head-to-body stun/kill operationsProtect bovine welfare in free-bullet killing operationsProtect stunned bovine welfare in manual cutting operationsProtect conscious bovine welfare in manual cutting operationsProtect bovine welfare in shackling and hoisting operationsProtect bovine welfare in manual bleeding operationsProtect ovine/caprine welfare in lairage operationsProtect ovine/caprine welfare in pre-slaughter clipping /shearing operationsProtect ovine/caprine welfare in movement to slaughterProtect ovine/caprine welfare in restraint operationsProtect ovine/caprine welfare in captive bolt stunning operationsProtect ovine/caprine welfare in electrical head-only stunning operationsProtect ovine/caprine welfare in electrical head-to-back stun/kill operationsProtect ovine/caprine welfare in free-bullet killing operationsProtect stunned ovine/caprine welfare in manual cutting operationsProtect conscious ovine/caprine welfare in manual cutting operationsProtect ovine/caprine welfare in shackling and hoisting operationsProtect ovine/caprine welfare in manual bleeding operationsProtect porcine welfare in lairage operationsProtect porcine welfare in movement to slaughterProtect porcine welfare in restraint operationsProtect porcine welfare in captive bolt stunning operationsProtect porcine welfare in electrical head-only stunning operationsProtect porcine welfare in electrical head-to-body stun/kill operationsProtect porcine welfare in gas stun/kill operationsProtect porcine welfare in free-bullet killing operationsProtect stunned porcine welfare in manual cutting operationsProtect porcine welfare in shackling and hoisting operationsProtect porcine welfare in manual bleeding operationsProtect equine welfare in lairage operationsProtect equine welfare in restraint operationsProtect equine welfare in movement to slaughterProtect equine welfare in captive bolt stunning operationsProtect equine welfare in free-bullet killing operationsProtect stunned equine welfare in manual cutting operationsProtect conscious equine welfare in manual cutting operationsProtect equine welfare in shackling and hoisting operationsProtect equine welfare in manual bleeding operationsProtect large game welfare in lairage operationsProtect large game welfare in restraint operations 50
  • 59. ANNEX 1Protect large game welfare in movement to slaughterProtect large game welfare in captive bolt stunning operationsProtect large game welfare in free-bullet killing operationsProtect stunned large game welfare in manual cutting operationsProtect conscious large game welfare in manual cutting operationsProtect large game welfare in shackling and hoisting operationsProtect large game welfare in manual bleeding operationsProtect lagomorph welfare in lairage operationsProtect lagomorph welfare in manual handling and restraint operationsProtect lagomorph welfare in captive bolt stunning operationsProtect lagomorph welfare in manual electrical stun/kill operationsProtect lagomorph welfare in gas stun/kill operationsProtect lagomorph welfare in free-bullet killing operationsProtect lagomorph welfare in manual killing operationsProtect stunned lagomorph welfare in manual cutting operationsProtect conscious lagomorph welfare in manual cutting operationsProtect lagomorph welfare in manual bleeding operations 51
  • 60. ANNEX 2Annex 2: WASK provisions considered to provide more extensivewelfare protection than regulation 1099/2009Subject Policy Aim WASK ProvisionBirds for sale 1. Where birds are offered for sale prior to being slaughtered, on arrival at theoutside a premises, they are placed in accommodation in which they are able, without Part III - Slaughter orslaughterhouse difficulty, to stand upright, turn around and stretch their wings. killing elsewhere than inor knackers yard 2. Where birds are offered for sale prior to being slaughtered, on arrival at the slaughterhouses or premises, they are provided with a sufficient supply of wholesome food and knackers yards clean drinking water.Bleeding & 3. Any animal that has been stunned before bleeding or pithing is bled or pithedpithing 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. Schedule 6 – Bleeding or 5. Where an animal has been stunned before bleeding, no further dressing or pithing 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. 52
  • 61. ANNEX 2Subject 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 9. When unloaded, every animal is protected from adverse weather conditions andhandling pre- is provided with adequate ventilation.slaughter 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. Schedule 3 – Animals 13. Any animal which is unable to walk is not dragged to its place of slaughter or awaiting slaughter 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. 53
  • 62. ANNEX 2Subject 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 25. CoC required for slaughter for the direct supply of small quantities of poultry, Schedule 1 – TheCompetence rabbits and hares. licensing of Slaughter 26. CoC required where a third party slaughters an animal for domestic consumption men by the owner. 54
  • 63. ANNEX 2Subject 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 Schedule 7 – Killing pigs minimum of delay. and birds with gas 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. 55
  • 64. ANNEX 2Subject Policy Aim WASK Provision 39. No bird is shackled before it is dead.Gas – birds 40. Persons operating a chamber outside a slaughterhouse have been assessedoutside a competent to do so.slaughterhouse 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 Schedule 7a – Killing minimum concentration in the chamber. birds by gas outside a 45. Chamber is fitted with device that gives clearly visible or audible warning signals slaughterhouse 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. 56
  • 65. ANNEX 2Subject 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 Schedule 7 – killing pigs mixture in a chamber. and birds with gas 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. 57
  • 66. ANNEX 2Subject 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 Schedule 2 - The the slaughter or killing of horses. construction, equipment 66. Where the lairage is one in which any horses are confined it contains at least and maintenance of one loose box constructed to minimise the danger of any horse injuring itself or slaughterhouses and any other animal confined in that lairage. knackers yards: Parts I & IIHorses - 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. Schedule 8 – Killing 68. No person shall slaughter or kill, or cause or permit to be slaughtered or killed, horses any  horse  in  a  slaughterhouse  or  knacker’s  yard  within sight of any other horse.Lairage 69. Where animals are delivered other than in containers any lairage has adequate Schedule 2 - The facilities to feed of all animals confined in the lairage. construction, equipment and maintenance of slaughterhouses and 58
  • 67. ANNEX 2Subject Policy Aim WASK Provision 70. Any field lairage is provided if necessary with adequate facilities to feed and knackers yards: Parts I & water all animals confined in the field lairage. There should be easy access for II 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.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   Schedule 2 - The yard where stunning, slaughter or killing takes place and are properly maintained construction, equipment and thoroughly inspected regularly. and maintenance of 75. Any defect found at any time in any equipment or instruments is rectified. slaughterhouses and 76. Any field lairage is maintained to ensure that no animal is subjected to any knackers yards physical, chemical or other health hazard.Religious 77. Bovines must be slaughtered in an upright position.slaughter - 78. Bovines must be slaughtered in a restraining pen approved by Scottish Ministersanimals 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. Schedule 12 – Additional 79. The means of restraining and supporting a bovine animal confined in a provisions for slaughter restraining pen are used for any bovine animal confined in it. by a religious method. 80. The restraining pen is kept in good working order. Part II 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. 59
  • 68. ANNEX 2Subject 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 89. Birds not stunned must be killed by the severance in a rapid uninterrupted knifeslaughter - birds movement of its carotid arteries. Schedule 12 – Additional 90. Where a bird has not been stunned before bleeding, no further dressing or provisions for slaughter electrical stimulation is performed before it is unconscious and not within a by a religious method. period of 2 minutes for a turkey or goose. Part III 60
  • 69. ANNEX 2Subject 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 93. Religious slaughter restricted to that by the Jewish method for the food of Jews Schedule 12 – Additionalslaughter - and by the Muslim method for the food of Muslims. provisions for slaughtergeneral by a religious method. Part I 94. Licences issued by the Rabbinical Commission should be recognised for Schedule 1 – Licensing of Regulation 1099/2009 Certificate of Competence purposes. slaughtermen 95. Membership of the Rabbinical Commission should be set out in the domestic Schedule 12 - Additional regulations. provisions for slaughter by a religious method. Part IVRestraint 96. Where any soliped, ruminant, pig, rabbit or bird is brought into a slaughterhouse Part II - Requirements or  knackers’  yard  for  killing,  that  animal  shall  be  restrained  by  specified  means. applicable to slaughterhouses and knackers yards 97. Where any soliped, ruminant, pig, rabbit or bird is slaughtered elsewhere than in Part III - Slaughter or a  slaughterhouse  or  knackers’  yard,  that  animal  shall  be  restrained  by  specified   killing elsewhere than in means. slaughterhouses or knackers yards 61
  • 70. ANNEX 2Subject Policy Aim WASK Provision 98. Any instrument, restraining equipment, or other equipment used for stunning, Schedule 2 - The slaughter or killing is designed and constructed to facilitate rapid and effective construction, equipment stunning, slaughter or killing. and maintenance of 99. Suitable equipment for tethering animals is available if necessary. 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 Schedule 4 – Restraint operated easily, accurately and for the appropriate time. before slaughter 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. 62
  • 71. ANNEX 2Subject Policy Aim WASK ProvisionSlaughter for 107. Any person who uses a captive bolt instrument shall check that the bolt isdisease control 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 Schedule 9 – Disease where horns prevent the use of the top or the front of the head, in which case control 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.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 Schedule 5 – Stunning or where horns prevent the use of the top or the front of the head, in which case killing 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 birds head. 63
  • 72. ANNEX 2Subject 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 Schedule 11 – Surplus chicks neck. chicks and embryos 64
  • 73. © Crown copyright 2012You may re-use this information (excluding logos and images) free of charge in anyformat or medium, under the terms of the Open Government Licence. To view thislicence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/or e-mail: psi@nationalarchives.gsi.gov.uk.Where we have identified any third party copyright information you will need toobtain permission from the copyright holders concerned.ISBN: 978-1-78045-812-0 (web only)The Scottish GovernmentSt Andrew’s HouseEdinburghEH1 3DGProduced for the Scottish Government by APS Group ScotlandDPPAS12967 (08/12)Published by the Scottish Government, August 2012 w w w . s c o t l a n d . g o v . u k