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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990 No. 1240 (S. 137) URL: http://www.bailii.org/uk/legis/num_reg/1990/uksi_19901240_en.html |
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Statutory Instruments
ANIMALS
PREVENTION OF CRUELTY
Made
13th June 1990
Laid before Parliament
14th June 1990
Coming into force
5th July 1990
The Secretary of State, in exercise of the powers conferred upon him by sections 9, 10 and 16 of the Slaughter of Animals (Scotland) Act 1980(1) and of all other powers enabling him in that behalf and after consultation in accordance with section 10(2) of the said Act with such organisations as appear to him to represent the interests concerned, hereby makes the following Regulations:
1. These Regulations may be cited as the Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990, and shall come into force on 5th July 1990.
2.-(1) In these Regulations, unless the context otherwise requires-�
"the Act" means the Slaughter of Animals (Scotland) Act 1980;
"animal" means any description of cattle, sheep, goat, swine or horse (including asses, ponies, hinnies or mules);
"bovine" means a bull, ox, bullock, cow, heifer or steer or a calf which is too large to be restrained on a cradle or table, and for the purposes of regulations 5, 9, 14 and 24 of these Regulations includes all calves;
"casting pen" means a rotary pen capable of casting animals for slaughter;
"contravention" in relation to any provision of these Regulations includes a failure to comply with that provision and "contravene" shall be construed accordingly;
"knacker's yard" means any building or place used for the killing of animals the flesh of which is not intended for human consumption; and "knacker" means a person whose business it is to carry out such killing;
"lairage" means any premises or yard used for the confinement of animals awaiting slaughter forming part of or used in connection with a slaughterhouse or knacker's yard and, for the purposes of regulations 3 and 5 of these Regulations, includes a field so used;
"local authority" means an islands or district council;
"mechanically-operated instrument", except for the purposes of regulations 14(b) and 16(1)(b), includes an instrument for stunning by means of electricity;
"occupier" means-�
in relation to a slaughterhouse provided by a local authority, that local authority;
in relation to any premises used as a slaughterhouse, the person registered in respect of the premises for that purpose under section 4 of the Act, and
in relation to premises used as a knacker's yard, the person holding a licence in respect thereof under section 6 of the Act;
"restraining pen" means a pen or compartment which is-�
suitable for restraining in an upright position a bovine while it is being slaughtered by the Jewish or Muslim method;
constructed so as to confine one such animal at a time, without discomfort, and so as to prevent any substantial movement of the animal forwards, backwards or sideways once it has been placed in position for slaughter; and
the subject of an approval by the Secretary of State under regulation 20 of these Regulations;
"slaughterhall" means that part of a slaughterhouse or knacker's yard in which the actual slaughtering of any animal or the dressing of any carcase is carried out;
"slaughterhouse" means any building or place used for the killing of animals the flesh of which is intended for sale for human consumption; and "slaughterman" means a person whose business it is to carry out such killing;
"sticking" means the severance of the major blood vessels in the neck or immediately anterior to the heart by means of a knife and "stuck" shall be construed accordingly;
"stunning pen" means a pen or compartment which is suitable for confining a bovine while it is being stunned and which is so constructed as to confine, without discomfort, only one such animal at a time and to prevent any substantial movement of the animal forwards, backwards or sideways;
"vehicle" means any vehicle (including a trailer of any description) constructed or adapted for use on a road.
(2) Any provision of these Regulations which applies to an animal awaiting slaughter applies until the animal is dead.
(3) Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
3.-(1) The occupier shall ensure that a slaughterhouse, knacker's yard or lairage is constructed and maintained so as to prevent any injury being caused to any animals confined therein, and that there are no sharp edges or protrusions therein with which such animals may come into contact.
(2) Without prejudice to the generality of paragraph (1) above, it shall be the duty of the occupier of a slaughterhouse or knacker's yard to ensure-�
(a)that where animals are held prior to slaughter lairage is provided which is-�
(i)suitable for its purpose and adequate in size and construction for the number and kind of animals confined therein;
(ii)constructed so as to provide shelter from the sun and from adverse weather for all animals confined therein;
(iii)kept clean and in good repair;
(iv)properly drained and constructed so as to enable the floor to be easily cleaned;
(v)provided with drinking facilities, 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;
(vi)adequately ventilated and adequately lighted for the proper conduct of all operations carried on there;
(b)that any field which is used in connection with the slaughterhouse or knacker's yard and in which any animal awaiting slaughter is confined contains adequate drinking facilities for such animal;
(c)that the surface of any part of the slaughterhouse or knacker's yard over which any animal awaiting slaughter has to pass is constructed and kept so as to minimise the risk of the animal slipping thereon and in particular that such surface is sanded in frosty weather;
(d)that the slaughterhouse or knacker's yard is constructed so as to ensure that the blood of a slaughtered animal does not flow from the slaughterhall into the lairage;
(e)that offal or refuse is not deposited in the lairage; and
(f)that the place of slaughter is sited in such a way as to minimise handling of the animal at any time up to the point of slaughter.
4.-(1) No person shall conduct the unloading of animals in such a way as to cause injury or unnecessary pain or distress to such animals.
(2) Where, at any time after the coming into force of these Regulations, any premises are constructed or adapted for use as a slaughterhouse or knacker's yard it shall be the duty of the occupier to ensure that facilities are provided there for the purpose of unloading animals out of vehicles directly into a lairage which consist of fixed ramp or other facilities which are of a height and design suitable for that purpose; and it shall be the duty of the occupier to ensure that any fixed ramp or other facilities which are so provided are fitted with side railings or some other means of protection designed and constructed so as to prevent animals from falling off them.
5.-(1) No person shall cause unnecessary pain or unnecessary distress to any animal awaiting slaughter in a slaughterhouse, knacker's yard or lairage or permit any such pain or distress of which he knows or may reasonably be expected to know.
(2) In particular, no person shall-�
(a)lift or drag any animal up to the place of slaughter by the head, feet, tail or other part of the body, or any sheep by the fleece, in such a manner as would cause the animal unnecessary pain or distress;
(b)cause any injury or unnecessary pain or distress to the animal by hitting it or prodding it with any instrument or other object;
(c)use any instrument which is capable of inflicting an electric shock to control any animal, unless such instrument is being used on the hindquarters of any bovine or adult pig which refuses to move forward and has space to do so.
6. Any person having for the time being the care of any animal in a lairage shall ensure-�
(a)that a sufficient supply of wholesome water is provided for the animal on arrival at the lairage and at all times thereafter; and
(b)that a sufficient quantity of wholesome food is provided for the animal on arrival at the lairage and twice daily thereafter, except that no animal need be fed within twelve hours of the time at which it is slaughtered.
7.-(1) Any person having for the time being in a lairage the care of any animal shall ensure that-�
(a)the animal is provided with sufficient space to stand up, lie down and turn around and has ready access to the food and water provided for it; and
(b)in the case of an animal which is not to be slaughtered on the day on which it arrives at the slaughterhouse or knacker's yard, the animal is provided with suitable and sufficient bedding.
(2) The provisions of paragraph (1)(b) above with regard to bedding shall not apply in the case of animals kept on a mesh or slatted floor.
8. No person shall-�
(a)keep animals in a lairage, or in a field used for keeping animals awaiting slaughter, in such numbers or for such time as to cause unnecessary pain or distress to the animals;
(b)keep in a field any animal awaiting slaughter, when the weather or the state of the field is likely to cause unnecessary pain or distress to the animal.
9.-(1) The occupier shall ensure that within the lairage-�
(a)animals of one kind are penned separately from animals of another kind;
(b)fractious animals are kept apart from each other and are penned separately from other animals; and
(c)horned bovines are kept apart from each other and other bovines, except that they need not be kept apart if they have been reared together.
(2) For the purposes of paragraph (1)(b) above "fractious animals" means animals which are likely to injure other animals.
10.-(1) No person shall stun or slaughter any animal unless he-�
(a)uses such instruments or appliances;
(b)adopts such methods; and
(c)takes such other precautions,
as may be necessary to ensure that the animal is not caused any unnecessary pain or distress.
(2) No person shall use or be permitted to use any instrument for stunning or slaughtering any animal in a sl aughterhouse, knacker's yard or lairage unless his ability and physical condition at the time enable him to use it without inflicting any unnecessary pain or distress on the animal.
11. The occupier shall ensure that-�
(a)any animal which is awaiting slaughter in a slaughterhouse, knacker's yard or lairage and which is in pain because of injury or any other cause is slaughtered without delay and as a priority over the slaughter of other animals;
(b)any animal which is confined in a lairage and which would suffer unnecessary pain or distress if removed therefrom is slaughtered in the lairage;
(c)any animal showing signs of illness or disability not necessitating immediate slaughter is kept apart from other animals;
(d)any animal which is too young to take solid food is slaughtered without delay after its arrival at the slaughterhouse or knacker's yard;
(e)any animal which, because of injury or any other cause, cannot be unloaded from a vehicle on its arrival at the slaughterhouse or knacker's yard without being caused pain or suffering is slaughtered forthwith on the vehicle by a mechanically-operated instrument which must be kept available and in good working order for that purpose:
Provided that in the case of any bovine which for any of the foregoing reasons is to be stunned elsewhere than in a stunning pen, the head is securely fastened in such a position that it may be stunned with as little pain and distress as possible.
12. A slaughterhouse in which any bovine is to be slaughtered otherwise than by the Jewish or Muslim method shall be equipped by the occupier with one or more stunning pens in good condition and efficient working order.
13. Any such slaughterhouse which before the date of coming into force of these Regulations was exempt from the requirement to be equipped with stunnnig pens, shall before the expiry of two years from that date be so equipped by the occupier.
14. No person shall in a slaughterhouse or knacker's yard-�
(a)except as provided in regulation 11, stun any bovine other than a calf small enough to be restrained on a cradle or table unless at the time it is stunned it is confined in a stunning pen;
(b)stun any bovine with a mechanically-operated instrument applied to the back of the head or stun any other animal in this manner except when access to the front of the head is prevented by the animal's horns;
(c)use any electric tongs on an animal except for the purpose of stunning the animal by instantaneously rendering it insensible to pain on the application of such tongs; or
(d)give any electrical stimulation to, or carry out any dressing procedure on, an animal which has been stuck before the expiry of-�
(i)in the case of pigs, sheep and goats, 20 seconds, or
(ii)in the case of bovines, 30 seconds,
after sticking.
15.-(1) Each stunning pen shall be-�
(a)equipped with a suitable device which restricts the movement of the head of the animal to permit accurate stunning and which allows the head of the animal to be released immediately after it has been stunned;
(b)so designed as to afford the slaughterman unimpeded access to the animal's forehead.
(2) Any stunning pen which at the date of coming into force of these Regulations does not incorporate such a device as provided in sub-paragraph (a) of paragraph (1) above shall, before the expiry of two years from that date, be fitted with such a device by the occupier.
16.-(1) The occupier shall ensure that-�
(a)any electrical equipment used for stunning an animal in the slaughterhouse, knacker's yard or lairage is set to deliver a current which is sufficient to render the animal instantaneously insensible to pain and contains a device which will prevent it from delivering a current below that which it has been set to deliver;
(b)a mechanically-operated instrument for stunning animals is kept, in good working order, and readily to hand, in the slaughterhouse or knacker's yard and is used immediately when any electrical equipment or appliance which is kept there for stunning or slaughtering animals fails to operate effectively;
(c)an animal is not placed in a stunning pen in the slaughterhouse or knacker's yard unless the person who is to carry out the stunning is ready to do so immediately the animal is placed in the pen;
(d)with the exception of animals being slaughtered in a slaughterhouse by the Jewish or Muslim method, an animal is not shackled or hoisted in the slaughterhouse or knacker's yard until it has been effectively stunned.
(2) All electrical equipment which at the date of coming into force of these Regulations does not incorporate such a device as provided in sub-paragraph (a) of paragraph (1) above shall, before the expiry of two years from that date, be fitted with such a device by the occupier.
17.-(1) The occupier of a slaughterhouse or knacker's yard shall ensure that animals which have been stunned there are stuck without delay.
(2) Any person engaged in the slaughter of animals in a slaughterhouse or a knacker's yard shall ensure that-�
(a)no animal is stunned unless it is possible for it to be stuck afterwards without delay;
(b)after any animals have been stunned they are stuck without delay; and
(c)if that person is responsible for the stunning, shackling, hoisting and sticking of any animals, or for any of those operations, such operations are carried out by him consecutively in respect of one animal before being so carried out by him in respect of another animal.
18. The occupier of a slaughterhouse or knacker's yard shall ensure that animals which have been stunned or slaughtered-�
(a)are not dragged over any other animals; and
(b)are not left in a position where they can be trampled on by other animals.
19. No person shall instal a casting pen in any slaughterhouse, save that, until the expiry of 2 years from the date of coming into force of these Regulations, a person may, with the consent of the Secretary of State, replace a casting pen of the Weinberg, Dyne or North British Rotary type or such other type as may have been approved by the Secretary of State before that date under regulation 13 of the Slaughter of Animals (Prevention of Cruelty) (Scotland) Regulations 1955(2), with a casting pen of any such type.
20.-(1) No person shall slaughter any bovine by the Jewish or Muslim method other than in an upright position in a restraining pen which has been approved by the Secretary of State and which the Secretary of State is satisfied has been installed in such a manner as to ensure that it will operate efficiently, save that in the case of slaughterhouses whic h are in operation at the date of coming into force of these Regulations a casting pen of the Weinberg, Dyne or North British Rotary type or such other type as may have been approved by the Secretary of State under regulation 13 of the Slaughter of Animals (Prevention of Cruelty) (Scotland) Regulations 1955 may continue to be used until the expiry of 2 years from that date.
(2) The Secretary of State may for the purpose of paragraph (1) above give his approval to a restraining pen but shall not do so unless he is satisfied that the pen is of such a size and design, and is able to be operated, so as to protect an animal from injury or unnecessary pain or distress while confined in it or while entering it and, in particular, unless he is satisfied that the pen-�
(a)contains an effective means of restraining any animal confined in it (including a suitable head restraint to be used for that purpose); and
(b)contains a means of support which will take the weight of an animal during and following slaughter in it.
21. The occupier of a slaughterhouse in which there is a restraining pen shall ensure that-�
(a)the pen is kept in good working order; and
(b)if it has been modified after it has been approved by the Secretary of State, the pen is not used again until a fresh approval is given.
22. Any person slaughtering animals by the Jewish or Muslim method shall ensure that-�
(a)no 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 animal is placed in the pen;
(b)no animal is shackled or hoisted until the incision has been made and the periods specified in regulation 24 have elapsed and the animal is unconscious; and
(c)in the case of an animal which is not a bovine and is to be slaughtered on a cradle or table, only one animal shall be placed on such cradle or table at any one time.
23. Where animals which are to be slaughtered by the Jewish or Muslim method have not been stunned before slaughter the person carrying out the slaughter shall-�
(a)ensure that each animal is slaughtered by the severance, by rapid uninterrupted movements of a knife, of both its carotid arteries and both jugular veins; and
(b)before each animal is slaughtered, inspect the blade of the knife to ensure that it is undamaged and of sufficient size and sharpness to be capable of being used to slaughter the animal in the manner described in sub-paragraph (a) above; and shall ensure that a captive bolt pistol is kept close to the restraining pen for use in case of emergency and immediately used where the animal is suffering unnecessary pain or distress.
24. Where an animal which is being slaughtered by the Jewish or Muslim method has not been stunned the occupier shall ensure that it not be moved until it is unconscious and in any case until the expiry of-�
(a)in the case of sheep and goats, 20 seconds; or
(b)in the case of bovines, 30 seconds,
after the severance of the blood vessels in compliance with regulation 23.
25. Any licence granted (otherwise than by way of renewal of an existing licence) to any person by a local authority under section 15 of the Act may, unless that person has been employed as a slaughterman for at least one year and has passed to the satisfaction of that or any other local authority a test of his ability to slaughter animals with the infliction of as little pain and distress as possible, be subject to a condition that he shall not slaughter any animal except under the supervision of a person holding a licence in force under the said section which is not subject to a like condition.
26. No person shall use for any work a horse which has been delivered to a knacker's yard.
27. The occupier of a knacker's yard shall ensure that an animal delivered to that yard or to any lairage used in connection therewith is -�
(a)not sold and is kept on the premises until slaughtered;
(b)slaughtered within 2 days of such delivery,
except that these provisions shall not apply to an animal which is delivered by a knacker to a veterinary teaching school or research institution.
28. The occupier shall ensure that-�
(a)the lairage in which horses are confined before slaughter-�
(i)is divided into pens or stalls by means of permanently fixed partitions; and
(ii)contains at least one loose box,
which pens or stalls and loose box are constructed so as to minimise the danger of any horse injuring itself or any other animal confined in the lairage;
(b)horses confined in the lairage are not caused any injury or unnecessary pain or distress by reason of-�
(i)being kept in a pen, stall or loose box which is overcrowded;
(ii)being kept in a pen, stall or loose box with other horses of a different size or age; or
(iii)any other cause;
(c)a horse of one of the following descriptions is kept in a separate pen, stall or loose box from any other horse in the lairage, that is to say -
(i)a stallion,
(ii)a cryptorchid,
(iii)a heavily pregnant female,
(iv)a female with a foal at foot,
(v)a horse whose hind feet are shod; and
(d)a separate room or bay is provided in the slaughterhouse or knacker's yard to be used for the slaughter of horses.
29.-(1) No person shall in a slaughterhouse or knacker's yard slaughter a horse in a room or bay in which there are the remains of a horse or other animal, or within the sight of any other horse:
(2) The provisions of this regulation shall not apply in the case of a horse slaughtered in accordance with the provisions of regulation 11.
30.-(1) The occupier of a slaughterhouse in which horses are slaughtered shall keep a record of all horses or carcases of horses received into the slaughterhouse showing-�
(a)the date on which each horse or carcase was received into the slaughterhouse, and the date on which each horse was slaughtered; and
(b)the name and address of the person on whose behalf the horse was slaughtered or from whom the horse or carcase, as the case may be, has been purchased or received by the occupier of the slaughterhouse.
(2) The occupier of a slaughterhouse, other than a local authority, and the occupier of a knacker's yard shall, during the month of January in each year, render to the local authority of the area in which the slaughterhouse or knacker 's yard is situated a return showing the total number of horses slaughtered therein during the year ending on the immediately preceding thirty-first day of December.
31. The occupier of a knacker's yard shall keep a record of all animals and carcases received into his knackers' yard showing-�
(a)the type or description of each animal or carcase so received;
(b)the date on which the animal or carcase was received into the knacker's yard and the date on which the animal was slaughtered;
(c)the name and address of the person from whom the animal or carcase was purchased or received by the occupier of the yard.
32. Every record kept in accordance with the provisions of regulations 30 and 31 of these Regulations shall be retained by the occupier of the slaughterhouse or knacker's yard, as the case may be, for not less than two years from the date of the transaction to which the record relates.
33. Every record kept in accordance with the provisions of regulations 30 and 31 of these Regulations shall be readily available at the slaughterhouse or knacker's yard to which it relates and shall be produced by the occupier thereof for inspection at all reasonable times on request by an officer authorised in that behalf by the local authority of the area in which the slaughterhouse or knacker's yard is situated or by the Secretary of State.
34.-(1) If any person contravenes any of the provisions of these Regulations he shall be guilty of an offence and shall be liable on-�
(a)summary conviction to a fine not exceeding the statutory maximum; or
(b)conviction on indictment to a fine or to imprisonment for a term not exceeding one year or both.
(2) A person shall not be guilty of an offence in respect of any such contravention as aforesaid if he proves that by reason of an accident or other emergency the contravention was necessary for preventing physical injury, pain or distress to any person or animal.
35.-(1) If any person contravenes any of the provisions of these Regulations an authorised officer of the local authority in whose area the contravention occurs may, having regard to the provisions of the said Regulations, take such action as is necessary for the prevention of cruelty to any animal.
(2) In this regulation "authorised officer" means the manager or superintendent of a public slaughterhouse, any veterinary surgeon employed by the local authority, or any officer specially authorised by the local authority for the purposes of this regulation.
36. The Regulations specified in the first column of the Schedule are hereby revoked to the extent specified in the third column of that Schedule.
Sanderson of Bowden
Minister of State, Scottish Office
St. Andrew's House,
Edinburgh
13th June 1990
Regulation 36
| (1) | (2) | (3) |
|---|---|---|
| Regulations revoked | References | Extent of revocation |
| The Slaughter of Animals (Prevention of Cruelty) (Scotland) Regulations 1955 | S.I. 1955/1993 | The whole Regulations |
| The Slaughter of Animals (Stunning Pens) (Scotland) Regulations 1963 | S.I. 1963/1888 | The whole Regulations |
| The Slaughter of Animals (Revision of Penalties) (Scotland) Regulations 1983 | S.I. 1983/874 | The whole Regulations |
| The Slaughter of Animals (Revision of Penalties) (Scotland) Regulations 1984 | S.I. 1984/1205 | The whole Regulations |
(This Note is not part of the Regulations.)
These Regulations, which apply to Scotland only, consolidate with amendments the provisions of the Slaughter of Animals (Prevention of Cruelty) (Scotland) Regulations 1955 and the Slaughter of Animals (Stunning Pens) (Scotland) Regulations 1963.
The Regulations continue to contain requirements relating to-�
1. The construction, layout and equipment of slaughterhouses, knackers' yards and lairages (Part II);
2. Conditions to be observed in connection with the confinement and treatment of animals awaiting slaughter in a slaughterhouse or knackers' yard (Part III);
3. Conditions to be observed in connection with the stunning and slaughter of animals in a slaughterhouse or knackers' yard (Parts IV and V);
4. Additional conditions to be observed in connection with the slaughter of horses in a slaughterhouse or knackers' yard (Part IX);
5. Records to be kept by the occupier of a slaughterhouse or knackers' yard (Part X); and
6. Offences and penalties (Part XI).
The principal changes are as follows:-�
(a)Fixed ramps or other facilities for unloading animals are required in newly constructed or adapted premises (regulation 4(2)).
(b)Restrictions are placed on the methods of handling animals, and the hitting, prodding or handling of animals in a manner likely to cause them injury or unnecessary distress is prohibited (regulation 5).
(c)Sufficient space is to be provided in lairages to allow animals to stand up, lie down and turn around (regulation 7(1)).
(d)Slaughterhouses in remote areas at present exempted from the requirement to be equipped with stunning pens are required to instal such pens within 2 years (regulation 13).
(e)The stunning of any cattle with a captive bolt pistol applied to the back of the head and the stunning of any other animal in this way is prohibited except (in the latter case) when access to the front of the head is prevented by the animal's horns (regulation 14(b)).
(f)The fitting and use of devices which restrict the movement of the animal's head becomes mandatory after 2 years (regulation 15).
(g)Electrical stunners are to be fitted, within 2 years, with a cut-out device which will prevent a current being delivered which is insufficient to stun the animal (regulation 16(1)(a)).
(h)Requirements are introduced to prevent delays occuring between stunning and the subsequent sticking of animals (regulation 17).
(i)The slaughter of cattle by the Jewish or Muslim method in the upright position is permitted and the use of upright pens, individually approved by the Secretary of State, for such slaughter becomes mandatory after 2 years (regulation 20(1)).
(j)Requirements are introduced relating to the method of cutting during religious slaughter (regulation 23).
1980 c. 13; as read with section 289GA of the Criminal Procedure (Scotland) Act 1975 (c. 21) as inserted by section 66 of the Criminal Justice (Scotland) Act 1987 (c. 41).
S.I. 1955/1993.
