Prevention of Cruelty to Animals (General) Amendment (Laying Fowl) Regulation 2007

The following information is provided by the Animal Welfare Branch of the NSW Department of Primary Industries to answer questions being asked with respect to the above legislation.

What is the Prevention of Cruelty to Animals (General) Amendment (Laying Fowl) Regulation 2007?

The Prevention of Cruelty to Animals (General) Amendment (Laying Fowl) Regulation 2007 (the ‘Regulation’) is a Regulation under the Prevention of Cruelty to Animals Act 1979 (POCTA) to reinforce standards for layer hens.

Why was the Regulation introduced?

In 1992, Tasmania, through the Agriculture and Resource Management Council of Australia and New Zealand (ARMCANZ), proposed that the use of cages for egg production be banned.

A Working Group was formed with representatives from industry, welfare groups and government. The Working Group recommended that a range of welfare standards be introduced for caged hens. These were published in 1995 in the 3rd edition of the Model Code of Practice for the Welfare of Animals - Domestic Poultry.

In 2000, ARMCANZ resolved to give legislative effect to the standards laid down in the 1995 Code and, in 2001, increased the minimum space allowance from 450 square centimetres per hen (as specified in the 1995 Code) to 550 square centimetres.

The Regulation was introduced to give effect to these decisions. Similar Regulations have been introduced in all States and Territories.

When was the Regulation introduced?

The Regulation was gazetted on 26 October 2007 and came into effect on 1 January 2008.

What communication has taken place with industry in the lead up to the introduction of this legislation?

A Layer Hen Reform Committee was formed in NSW in 2005 with the stated aim of facilitation of the implementation of the ARMCANZ decisions. It included representatives of small and large producer groups as well as NSW Farmers. The committee met several times during 2005 and 2006.

What is in the Regulation?

The Regulation specifies cage sizes including minimum floor area for birds, floor support and slope, cage height, door size and protection of birds from excreta from birds at a higher level.

In addition to the standards for caged layers, the Regulation also specifies minimum standards for laying hens kept in sheds, in particular in relation to provision of food and water, the size of nests and nest boxes, the height of sheds and the number of hens that can be kept in a particular area.

All layer hens must now be inspected visually every 24 hours.

What if I installed cages that comply with the 1995 standard?

The Regulation allows for cages which comply with the 1995 standard, that were installed prior to 2001, to have the smaller floor area of 450 square centimetres per hen for 20 years after the date of installation. For example, cages installed in 1993 will be allowed the smaller floor area until 2013.

Can producers have proposed modifications certified as compliant before undertaking the expense of the modification?

No, the onus of responsibility is on the owner of the cages to ensure they comply.

Can producers continue to use non-compliant cages for the current batch of birds in these cages?

There is no transition period for birds currently in cages. The Regulation has come about as a result of agreements made by Primary Industries Ministers in 2000 and 2001. The introduction date of 1 January 2008 throughout Australia allowed eight years for the layer industry to anticipate the introduction of these standards.

Can a producer continue to put birds into non-compliant cages while building replacement cages?

No. See above.

If old cages have been relocated and installed in a new location how is the age of these cages determined?

Relocation of cages does not change their age.

Will modified cages be treated as pre- or post- 2001 cages under the regulations?

Modified cages will be treated as post-2001 cages under the Regulation. If you make major modifications to your cages you will need to abide by the new regulation.

Does the Regulation apply to pullet raising cages?

The definition of ‘laying fowl’ in the Regulation includes ‘any fowl being bred, kept or used for the purpose of commercial egg production’, so it does apply to pullets being raised for commercial egg production.

I've purchased a property in the last 20 years and have older cages, when are the cages considered to have been 'commissioned'?

The Regulation in NSW refers to the date of installation of a cage. This does not change when a property is sold or the lease transferred.

Floors must provide support for the forward pointing toes of all fowl in the cage. How is this distance determined and is it enforceable?

There is no distance specified in the Regulation. This would be enforced by visual assessment of the cage floor by an Inspector, however the issue is reasonable support for the birds’ toes.

Can slope back cages be used at a stocking rate based on the area of the cage which is over 35cm in height?

Cages must comply with the height provision laid out in clause 17E of the Regulation. Therefore the height of the cage must be greater than that of the tallest bird. It must also be greater than 40 centimetres for 65% of the floor area and not less than 35 centimetres at any point in the cage.

Who is responsible for ensuring compliance with the Act in a contract situation, the owner of the birds or owner of the cages?

The Regulation states, in each case, ‘a person must not confine laying fowl ...’. The person who places the birds in the cages is therefore the person responsible for ensuring compliance with the Act and this would be the contract owner of the birds. Owners of cages must be aware of legal obligations regarding housing.

Who checks compliance with the Regulation?

The enforcement agencies for Prevention of Cruelty to Animals Act 1979 (POCTA), and therefore the Regulation, are the RSPCA, the Animal Welfare League and the Police Service.

The penalty points in the Regulation, is this per bird?

The penalty points are per offence.

Where can I get a copy of the Regulation?

The Regulation is available on-line from http://www.legislation.nsw.gov.au/ or hard copies can be obtained from the Department of Primary Industries.

What has the Department of Primary Industries done to help affected farmers?

Seminars have been held in Penrith and Tamworth for affected egg producers titled ‘Where to from here?’. In these seminars strategies were discussed to aid farmers in conversion of their cages so that they comply with the legislation or to move to alternative enterprises.

Ongoing support and advice is being provided by the Department’s Livestock Officer Industry Development.