S.I. No. 90/1995 - European Communities (Welfare of Calves) Regulations, 1995.

S.I. No. 90 of 1995.

EUROPEAN COMMUNITIES (WELFARE OF CALVES) REGULATIONS, 1995.

I, IVAN YATES, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive No. 91/629/EEC⁽¹⁾ of 19 November 1991, hereby make the following Regulations:—

1 Title and Commencement

1. (1) These Regulations may be cited as the European Communities (Welfare of Calves) Regulations, 1995.

(2) These Regulations shall come into operation on the twenty fifth day of April, 1995.

2 Interpretation

2. (1) In these Regulations—

"approved disinfectant" means a disinfectant which for the time being stands approved by the Minister in accordance with the Diseases of Animals (Disinfectants) Order, 1975 ( S.I. No. 273 of 1975 );

"authorised officer" means a person who, for the time being, stands appointed under Regulation 7 or an inspector;

"the Council Directive" means Council Directive No. 91/629/EEC of 19 November 1991;

"equipment" includes individual calf boxes and stalls;

"inspector" means an inspector within the meaning of the Protection of Animals Kept for Farming Purposes Act, 1984 (No. 13 of 1984);

"the Minister" means the Minister for Agriculture, Food and Forestry;

"premises" includes land, with or without buildings;

⁽¹⁾ O.J. No. L340 of 11.12.1991, P.28.

"third country" means a country which is not a member of the European Communities;

"unnecessary suffering" means, in relation to a calf, pain, distress or suffering that in its kind or degree, or in its object, or in the circumstances in which it occurs, is unreasonable or unnecessary.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.

(3) In these Regulations—

( a ) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended;

( b ) a reference to a Schedule is to a Schedule to these Regulations;

( c ) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3 Space Requirements for Installations

3. (1) Subject to paragraph (2) (b), the owner or person in charge of a holding newly built or rebuilt or brought into operation for the first time after the coming into operation of these Regulations and used for the rearing or fattening of calves shall ensure that his installation complies with the following requirements namely, that;

( a ) where calves are housed in groups, they shall have sufficient unobstructed floor space of at least 1.5 square metres for each calf of 150kg live weight to be able to turn around and lie down without hindrance;

( b ) where calves are housed in individual boxes or by tethering in stalls, the boxes or stalls shall have perforated walls and their width shall not be less than 90 centimetres plus or minus 10%, or 80 per cent of the animal's height at the withers, whichever is the greater.

(2) ( a ) Installations built or rebuilt or brought into use for the first time before the coming into operation of these Regulations and which do not comply with the requirements of paragraph (1) may not be used for the rearing or fattening of calves after 31st December 2003.

( b ) Installations built or rebuilt or brought into use for the first time, in the period after the coming into operation of these Regulations up to 31st December 1997 and which do not comply with the requirements of paragraph (1) may not be used for the rearing or fattening of calves after 31 December 2007.

(3) The provisions of this Regulation shall not apply to holdings with fewer than six calves.

4 Responsibilities of Care and Welfare

4. A person who owns or for the time being has under his control calves to which these Regulations apply, and every person engaged in the keeping of such calves shall ensure that the conditions for rearing or fattening calves comply with these Regulations and with the general provisions laid down in the Schedule.

5 Imports from Third Countries

5. No person shall import a calf from a third country unless it is accompanied by a certificate, issued by a competent authority of that country, certifying that the animal has received treatment at least equivalent to that granted to animals of European Community origin as provided for in the Council Directive.

6 Powers of Inspection

6. (1) An authorised officer, member of the Garda Síochána or veterinary expert employed by or acting on the authority of the Commission of the European Communities accompanying an authorised officer may at all reasonable times enter any holding, installation, premises or place in which the authorised officer or member of the Garda Síochána has reasonable grounds for believing that calves are being reared or fattened, for the purpose of carrying out inspections and supervision as required by these Regulations and the Council Directive.

(2) An inspector may at any holding, installation, premises or place:

( a ) examine, inspect or carry out a clinical inspection of any calves that he may find,

( b ) take, without payment of compensation, such samples from calves, including samples of blood, urine, faeces, hair, saliva, tissue or other thing, or of any article, substance or liquid at the holding, installation, premises or place as he may reasonably require for the purposes of his functions under these Regulations and the Council Directive and carry out or have carried out on the samples such analyses, examinations, checks and inspections as he considers necessary or expedient for the purposes of such functions,

( c ) there or at any other place, carry out or have carried out such examinations, checks and inspections of the holding, installation, premises or place and any equipment, machinery or plant and any other article, substance or liquid found there as he reasonably considers necessary or expedient for the purposes of such functions,

( d ) require any person at the holding, installation, premises or place to give him such information and to produce to him such books, certificates, documents or other records within the power or procurement of the person as he may reasonably require for the purposes of such functions,

( e ) examine and take copies of, or extracts from, any such records as aforesaid,

( f ) subject to the provisions of Regulation 8, seize and detain anything found there which he reasonably believes to be evidence of an offence under these Regulations.

(3) A member of the Garda Síochána shall have all of the powers given to an inspector under paragraph (2) other than the power to examine, test or take samples from calves.

(4) An authorised officer, other than an inspector, shall have all of the powers given to an inspector under paragraph (2) but shall not have the power to undertake clinical examinations and to take samples of tissue or other thing unless those samples are taken under the supervision of an inspector.

(5) A person shall not, in purported compliance with a requirement under subparagraph (2) (d), give information to an authorised officer or a member of the Garda Síochána that he knows to be false or misleading in a material respect.

7 Authorised Officers

7. (1) The Minister may appoint such and so many persons as he thinks fit to be authorised officers for the purposes of these Regulations.

(2) An authorised officer, when exercising any power conferred on him by these Regulations, shall, if so requested by any person affected, produce evidence in writing of his appointment as an authorised officer or inspector.

(3) A member of the Garda Síochána, not in uniform, when exercising any such power, shall, if so requested by any person affected, produce evidence in writing that he is such a member.

(4) A person shall not obstruct or impede an authorised officer or a member of the Garda Síochána in the due exercise of any of the functions of the officer or member under these Regulations.

8 Powers to Protect the Welfare of Calves

8. (1) Where an authorised officer is of the opinion that the conditions under which calves are being reared or fattened are in contravention of these Regulations, that there is a serious risk to the welfare of the animals and that measures should be taken to prevent the animals being caused unnecessary suffering, he may serve or cause to be served on the owner or person, who appears to such officer to be in control of the animals, a notice stating that opinion and directing that—

( a ) all or some of the animals be moved to and kept in such place as the officer shall specify in the notice, or

( b ) such alterations be made to the installations in which the calves are being reared as the officer shall specify in the notice, or

( c ) all or some of the animals be destroyed in such manner and at such place as the officer shall specify in the notice.

(2) A requirement contained in a notice may specify a time limit within which it is to be complied with.

(3) A requirement specified in a notice served under paragraph (1) (in this paragraph referred to as "the earlier notice") may be modified or withdrawn in a further such notice and in that event the earlier notice shall have effect subject to such modification or withdrawal.

(4) A notice may require the owner or person in control of the calves, as the case may be, to choose between two or more of the requirements specified in the notice.

(5) A notice referred to in paragraph (1) may be served on a person by delivery of it by hand, or by sending it by prepaid registered post to or by leaving it at the last known place of abode or business of that person.

(6) ( a ) A person may appeal within 7 days of the service of the notice under paragraph (1) or paragraph (9) (d) to the Judge of the District Court having jurisdiction in the District Court District where such animals are situated or to the Judge of the District Court having jurisdiction in the District Court District where the person bringing the appeal ordinarily resides or carries on business on the grounds that the notice or any of the terms thereof are not justified having regard to the provisions of these Regulations.

( b ) An appeal made pursuant to subparagraph (a) may be heard at any sitting of the District Court within the appropriate District Court District.

(c ) (i) Notice of an appeal made pursuant to subparagraph (a) shall be served on the Minister and the said notice shall be served at least 48 hours prior to the hearing of the appeal by serving it on the Minister or by leaving it at the place and in the manner specified in the notice issued under this Regulation;

(ii) the notice of appeal shall contain a statement of the grounds upon which it is alleged that the notice or any of the terms thereof are not justified.

( d ) A copy of the notice of appeal shall be lodged with the District Court Clerk in the manner specified in the notice issued pursuant to paragraph (1), at least 48 hours prior to the hearing of the appeal.

(7) On the hearing of an appeal under paragraph (6), a Judge of the District Court may, at his discretion, confirm, modify, or annul the notice served under paragraph (1).

(8) ( a ) No person, including a person upon whom a notice has been served under paragraph (1), shall deal with the animals concerned other than in accordance with the terms of the notice.

( b ) In the event of an appeal against the terms of a notice referred to in subparagraph (a), pursuant to paragraph (6), no person, including the person appealing, shall deal with the animals concerned pending the determination of the appeal other than in accordance with such directions as shall be given in writing to the appellant by an authorised officer.

( c ) Where the terms of a notice referred to in subparagraph (a) are confirmed with or without modification by the Judge of the District Court hearing the appeal made under the said paragraph (6) no person, including the person who made the appeal, shall deal with the animals concerned other than in accordance with such notice as confirmed.

(9) ( a ) Where:

(i) the owner or person in control of the calves, as the case may be, fails to comply with the terms of a notice served upon him under paragraph (1) within the time specified therein, or

(ii) an authorised officer has reasonable grounds for believing that the terms of a notice served under paragraph (1) will not be complied with, or

(iii) a notice served under paragraph (1) has been confirmed with or without modification under paragraph (7) and the notice has not been complied with, or

(iv) an authorised officer has reasonable grounds for believing that the terms of a notice served under paragraph (1) which has been confirmed with or without modification under paragraph (7) will not be complied with, or

(v) pending the determination of an appeal made pursuant to subparagraph (a) of paragraph (6), an authorised officer has reasonable grounds for believing that directions given pursuant to paragraph (8) have not been or shall not be complied with,

an authorised officer may at any time seize the calves concerned at such holding, installation, premises or place as he thinks fit in the circumstances of the case.

( b ) In relation to any seized calves, an authorised officer may sell them or cause them to be sold or be otherwise disposed of, in such manner and at such place as the authorised officer considers appropriate in the circumstances of the case.

( c ) Any profits arising out of the sale or disposal of the calves under this Regulation shall be paid to the owner of such animals less any expenses incurred in connection with the seizure or the said sale or disposal.

( d ) The power under subparagraph (b) may only be exercised where the authorised officer has served notice on the owner of the calves seized under that paragraph informing him of his right to appeal to the District Court.

(10) The costs of seizure, sale or disposal of the animals under this Regulation shall, subject to the provisions of subparagraph (9) (c), be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was the owner of such animals at the time the sale or disposal was carried out.

(11) Any costs pertaining to action required under subparagraphs (a), (b) or (c) of paragraph (1) will be borne by the person on whom the notice is served.

9 Requirements regarding Treatment

9. An authorised officer may require the owner or person in charge of a calf to obtain veterinary treatment for the animal within a specified time.

10 Offences

10. (1) An offence under these Regulations may be prosecuted by the Minister.

(2) Any person who contravenes a provision of Regulation 3 (1), 4, 5, 6 (5), 7 (4), 8 (8) or 9 shall be guilty of an offence.

(3) Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other official of such body, each such person shall be guilty of an offence.

11 Penalties

11. A person guilty of an offence under these Regulations shall be liable, on summary conviction, to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

12 Saver

12. (1) The provisions of these Regulations are in addition to and not in substitution for the Protection of Animals Act, 1911 as amended by the Protection of Animals (Amendment) Act, 1965 (No. 10 of 1965).

(2) The provisions of these Regulations are in addition to and not in substitution for the Protection of Animals Kept for Farming Purposes Act, 1984 (No. 13 of 1984).

13 Proof of Certain Documents

13. A document which purports to be a copy of the National Rules for Electrical Installation ET 101/1991 (2nd Edition) published by the Electro-Technical Council of Ireland (ETCI) or any amendment thereto shall, until the contrary is proved, be accepted in evidence as being a copy of those Rules.

SCHEDULE

Regulation 4

Conditions for the Rearing or Fattening of Calves

1. Materials used for the construction of calf accommodation and in particular boxes and equipment with which calves may come into contact shall not be harmful to the calves. Those parts of the accommodation with which the animals come into contact shall be capable of being thoroughly cleansed and disinfected and shall be thoroughly cleansed and disinfected, using an approved disinfectant to prevent cross-infection and the build-up of disease-carrying organisms.

2. Electrical circuits and equipment shall be installed in accordance with the terms of the National Rules for Electrical Installation ET 101/1991 (2nd Edition) so as to avoid electric shocks.

3. Insulation, heating and ventilation of the building shall ensure that the air circlation, dust level, temperature, relative air humidity and gas concentrations are kept within limits which are not harmful to the calves.

4. All automated or mechanical equipment essential for the calves' health and well-being shall be inspected at least once daily. Where defects are discovered, these shall be rectified immediately or, if this is impossible, appropriate steps shall be taken to safeguard the health and well-being of the calves until the defect has been rectified, notably by using alternative methods of feeding and maintaining a satisfactory environment.

Where an artificial ventilation system is used, provision shall be made for an appropriate back-up system to guarantee sufficient air renewal to preserve the health and well-being of the calves in the event of the failure of the system, and an alarm system, independent of the mains electricity supply, shall be provided to warn the owner or person in charge of the breakdown or in the event of fire. The alarm system shall be tested at a minimum once a month and maintained in proper working order.

5. Calves shall not be kept permanently in darkness. To meet their behavioural and physiological needs, the accommodation shall be well lit, by natural or artificial light, for at least 8 hours a day. Every source of artificial light shall be mounted so as not to cause discomfort to the calves. An adequate source of light shall be available to enable the calves to be properly inspected at any time.

6. All calves reared in groups or in boxes shall be inspected by the owner or person in charge at least once a day. Any calf with appears to be ill or injured shall be treated as appropriate without delay and, where necessary, be isolated in adequate accommodation set aside for this specific purpose, with dry, comfortable bedding; veterinary advice shall be sought as soon as possible for calves which are not responding to the care of the owner or person in charge.

7. Subject to the provisions of Regulation 3, the accommodation for calves shall be constructed in such a way as to allow each calf to lie down, rest, stand up and groom itself without difficulty. If calves are kept in individual pens, they shall be sited and constructed so as to allow the calf sight of other calves, unless that calf is isolated for veterinary reasons.

8. Tethers, where used, shall be designed so as not to cause injury to the calves and shall be inspected regularly and adjusted as necessary to ensure a comfortable fit. Each tether shall be of sufficient length to allow the calves to move as provided for in paragraph 7. The design shall be such as to avoid, as far as possible, any risk of strangulation or injury,

9. Housing, pens, equipment and utensils for calves shall be properly cleaned and disinfected to prevent cross-infection and the build-up of disease carrying organisms. Faeces, urine and uneaten or spilt food shall be removed and bedding changed as often as necessary to minimise smell and avoid attracting flies or rodents.

10. Floors shall be smooth but not slippery so as to prevent injury to the calves and so designed as not to cause injury or suffering to calves standing or lying on them. Floors shall be suitable for the size and weight of the calves and form a rigid, even and stable surface. The lying area shall be comfortable, clean, and adequately drained and shall not adversely affect the calves. Appropriate bedding shall be provided for all calves less than two weeks old.

11. All calves shall be provided with an adequate, nutritious and hygienic diet appropriate to their age, weight and behavioural and physiological needs so as to promote a positive state of health and well-being as well as a healthy growth rate. A calf's diet shall include sufficient iron and a minimum daily provision of dried feed containing a digestible fibre of at least 100 to 200 grammes. The provision in regard to the inclusion of digestible fibres in dried feed shall not apply to the production of veal calves for white meat. Calves shall not be muzzled.

12. All calves shall be fed at least once a day. Where calves are housed in groups and not fed ad libitum or by automatic feeding system, each calf shall have access to the food at the same time as the others in the group.

13. All calves over two weeks of age shall have access to a sufficient quantity of fresh water or be able to satisfy their fluid intake needs by drinking other liquids.

14. ( a ) Feeding and watering equipment for calves shall be designed, constructed, placed and maintained so that contamination of feed and water is minimised.

( b ) Equipment and fittings shall be designed and maintained in such a way as to minimise, as far as is practicable, the exposure of the calves to spills of feed or water, or to faeces and urine.

15. Calves shall be cared for by a sufficient number of suitably experienced personnel.

GIVEN under my Official Seal, this 19th day of April, 1995.

IVAN YATES,

Minister for Agriculture, Food

and Forestry.

EXPLANATORY NOTE.

These Regulations lay down standards for the protection of calves kept in intensive or other systems of rearing or fattening and give effect to Council Directive No. 91/629/EEC of 19 November 1991. The Regulations set down rules for the accommodation of calves and the conditions to be met by the owner or person in charge of the calves to assure their health and welfare.