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The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2009

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This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2010 ISBN 978-0-11-101021-1

Amendment of the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2007

This section has no associated Executive Note

2.—(1) The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2007(1) are amended as follows.

(2) In regulation 2 (interpretation) insert in the appropriate place–

“de-snooding” means the removal of the part of the male turkey’s wattle arising from the forehead and lying over the upper beak;;

“non-farmed animal” means any animal not kept for the production of food, wool or skin or for use in the farming of land;; and

“the 2000 Regulations” means the Welfare of Farmed Animals (Scotland) Regulations 2000(2);.

(3) For the table in Schedule 1 (bovine animals), substitute–

ProcedurePurposeCondition
Freeze brandingIdentification
TattooingIdentification
Ear taggingIdentification
Micro chippingIdentification
VasectomyControlling reproduction or general animal management
CastrationControlling reproduction or general animal management
Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management

May only be performed–

(a)

on non-farmed bovine animals; and

(b)

as part of a conservation programme.

Embryo and ovum transferControlling reproduction or general animal management
Nose ringingHandler safety or herd welfare
DehorningHandler safety or herd welfare
DisbuddingHandler safety or herd welfare
Supernumerary teat removalAnimal health.

(4) For the table in Schedule 2 (pigs), substitute–

ProcedurePurposeCondition
TattooingIdentification
Ear taggingIdentification
Ear notchingIdentification
Micro chippingIdentification
VasectomyControlling reproduction or general animal management
Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management

May only be performed–

(a)

on non-farmed pigs; and

(b)

as part of a conservation programme.

CastrationControlling reproduction or general animal management

May only be performed by means which do not involve the tearing of tissues.

If castration is carried out after the seventh day of life it shall only be performed under anaesthetic and additional prolonged analgesia.

Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the 2000 Regulations.

Embryo and ovum transferControlling reproduction or general animal management
Tusk trimmingHandler safety or herd welfareWhere the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the 2000 Regulations.
DockingHandler safety or herd welfare

May only be performed where–

(a)

the pig is a farmed pig kept on agricultural land;

(b)

other measures to improve environmental conditions or management systems have been taken in order to prevent tail biting but there is still evidence of injury to the tails of other pigs; and

(c)

the procedure is performed by the quick and complete severance of the part of the tail to be removed.

If docking is carried out after the seventh day of life it shall only be performed under anaesthetic and additional prolonged analgesia.

Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the 2000 Regulations.

Uniform reduction of the corner teethHerd welfare

May only be performed where–

(a)

the pig is a farmed pig kept on agricultural land;

(b)

the pig is less than 8 days old;

(c)

other measures to improve environmental conditions or management systems have been taken in order to prevent tail biting but there is still evidence of injury to sows' teats or to the ears or tails of other pigs; and

(d)

the reduction is performed by grinding or clipping leaving an intact smooth surface.

Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the 2000 Regulations.

Nose ringingGeneral animal management

May only be performed on a pig which is not intended to be kept continuously in an indoor husbandry system.

Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the 2000 Regulations..

(5) For the table in Schedule 3 (birds), substitute–

ProcedurePurposeCondition
Micro chippingIdentification
Beak trimmingFlock welfare

May only be performed on poultry.

May only be performed–

(a)

if carried out as a single procedure, provided no more than a one third part of both the upper and lower beaks, measured from the tip towards the entrance to the nostrils, is removed; or

(b)

provided no more than a one third part of the upper beak only, measured as above, is removed.

In either case any subsequent haemorrhage from the beak must be arrested by cauterization.

Beak trimming may only be performed where a veterinary surgeon considers the beak trimming to be necessary to prevent feather pecking or cannibalism and measures to improve the environmental conditions have been taken.

Beak trimming of laying hens may only be performed on birds aged 10 days or less kept in flocks of 350 or more birds.

Beak trimming of laying hens may only be performed until 31st December 2010.

De-snoodingGeneral animal management
Cutting of the toesGeneral animal managementMay only be performed on poultry other than laying hens.
DubbingGeneral animal managementMay only be performed on domestic fowl other than laying hens.
PinioningGeneral animal managementMay be performed on any bird other than poultry.
LaparoscopyGeneral animal management
Castration, ovidectomy and vasectomyControlling reproduction or general animal management

May only be performed–

(a)

on non-farmed birds; and

(b)

as part of a conservation programme.

Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management

May only be performed–

(a)

on non-farmed birds; and

(b)

as part of a conservation programme.

Wing taggingIdentification

May only be performed on–

(a)

farmed birds for breeding or testing for the presence of disease;

(b)

non farmed birds for conservation or research.

Web taggingIdentification

May only be performed on–

(a)

farmed birds for breeding or testing for the presence of disease;

(b)

non farmed birds for conservation or research..

(6) For the table in Schedule 4 (sheep), substitute–

ProcedurePurposeCondition
TattooingIdentification
Ear taggingIdentification
Ear notchingIdentification
Micro chippingIdentification
VasectomyControlling reproduction or general animal management
CastrationControlling reproduction or general animal management
Laparoscopic inseminationControlling reproduction or general animal management
Embryo and ovum transferControlling reproduction or general animal management

May only be performed–

(a)

on non-farmed sheep; and

(b)

as part of a conservation programme.

Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management
DehorningHandler safety or flock welfare
DisbuddingHandler safety or flock welfare
DockingAnimal health

May only be performed where–

(a)

the sheep is a farmed sheep kept on agricultural land; and

(b)

sufficient tail is retained to cover the vulva in the case of female sheep and the anus in the case of male sheep..

(7) For the table in Schedule 5 (goats), substitute–

ProcedurePurposeCondition
TattooingIdentification
Ear taggingIdentification
Ear notchingIdentification
Micro chippingIdentification
VasectomyControlling reproduction or general animal management
CastrationControlling reproduction or general animal management
Laparoscopic inseminationControlling reproduction or general animal management
Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management

May only be performed–

(a)

on non-farmed goats; and

(b)

as part of a conservation programme.

Embryo and ovum transferControlling reproduction or general animal management
DehorningHandler safety or herd welfare
DisbuddingHandler safety or herd welfare.

(8) For the table in Schedule 6 (equine animals), substitute–

ProcedurePurposeCondition
Freeze brandingIdentification
Hot brandingIdentificationMay only be performed subject to, and in accordance with, any authorisation granted or review determined by the Scottish Ministers under regulations 4 and 5 respectively.
TattooingIdentification
Micro chippingIdentification
VasectomyControlling reproduction or general animal management
CastrationControlling reproduction or general animal management
Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management
Embryo and ovum transferControlling reproduction or general animal management.

(9) For the table in Schedule 7 (deer), substitute–

ProcedurePurposeCondition
TattooingIdentification
Ear taggingIdentification
Ear notchingIdentification
Micro chippingIdentification
VasectomyControlling reproduction or general animal management
CastrationControlling reproduction or general animal management
Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management

May only be performed–

(a)

on non-farmed deer; and

(b)

as part of a conservation programme.

Embryo and ovum transferControlling reproduction or general animal management
Antler removalHandler safety or herd welfare

May only be performed where–

(a)

the deer is a farmed deer; and

(b)

the velvet is frayed and the greater part of it shed..

(10) For the table in Schedule 8 (cats), substitute–

ProcedurePurposeCondition
Ear tippingIdentificationMay only be performed on feral cats.
Micro chippingIdentification
TattooingIdentification
VasectomyControlling reproduction or general animal management
CastrationControlling reproduction or general animal management
SpayingControlling reproduction or general animal management
Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management.

(11) For the table in Schedule 9 (dogs), substitute–

ProcedurePurposeCondition
Micro chippingIdentification
TattooingIdentification
VasectomyControlling reproduction or general animal management
CastrationControlling reproduction or general animal management
SpayingControlling reproduction or general animal management
Embryo and ovum transferControlling reproduction or general animal management
Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management
Amputation of dew clawsGeneral animal management.

(12) For the table in Schedule 10 (fish), substitute–

ProcedurePurposeCondition
Chemical brandingIdentification
Freeze brandingIdentification
Pit taggingIdentification
Micro chippingIdentification
Removal or perforation of parts of the fins, adipose fins or fin raysIdentification
Removal of fish scalesAge determination or stock management
Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management.

(13) For the table in Schedule 11 (reptiles), substitute–

ProcedurePurposeCondition
Micro chippingIdentification
LaparoscopyGeneral animal management
Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management.

(14) For the table in Schedule 12 (any other kind of animal), substitute–

ProcedurePurposeCondition
Micro chippingIdentification
TattooingIdentification
VasectomyControlling reproduction
CastrationControlling reproduction
SpayingControlling reproduction
Embryo and ovum transferControlling reproduction
Implantation of a subcutaneous contraceptiveControlling reproduction or general animal management.

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