Legislation

The Animal Welfare Act 2006 contains the general laws relating to animal welfare. It is an offence to cause unnecessary suffering to any animal. Unlike previous legislation, the Act applies to all animals on common land. The Act contains a Duty of Care to animals – this means that anyone responsible for an animal must take reasonable steps to make sure the animal’s needs are met. This means that a person has to look after an animal’s welfare as well as ensure that it does not suffer and apply to all animals.

The welfare of farmed animals is additionally protected by the Welfare of Farmed Animals (England) Regulations 2007 as amended (S.I. 2007 No.2078), which are made under the Animal Welfare Act.

These Regulations continue to implement EU directives on the welfare of calves, pigs, laying hens, conventionally reared meat chickens and a general welfare framework directive, which sets down minimum standards for the protection of all farmed livestock.

The new Regulations cover all farmed animals. Schedule 1 (which does not apply to fish, reptiles or amphibians) contains specific requirements such as inspections, record keeping, freedom of movement, buildings and equipment and the feeding and watering of animals. Some species, however, are subject to additional provisions, which are set out in Schedules 2-9.

Guidance has been prepared to accompany the Regulations and includes information on the application of the legislation to common land. Interim guidance whilst the relevant code of recommendations if under review, is available on the rules on conventionally reared meat chicken.

Similar legislation exists in Scotland, Wales and Northern Ireland. For further information on animal welfare legislation in these areas please contact the Defra helpline and ask for the On-farm Animal Welfare Team on 08459 33 55 77.

European legislation

EU minimum welfare standards are already in place for farmed animals, laying hens, calves and pigs.

The Treaty of Amsterdam in June 1997 contains a legally binding Protocol recognising that animals are sentient beings and requires full regard to be paid to their welfare when policies relating to agriculture, transport, research and the internal market are formulated or implemented.

Page published: 1 July 2011