Battery Hens Campaign: Background Information

Legislation

Index:
Council of Europe
European Union
National Legislation

Council of Europe

The Council of Europe obligation is a moral one, rather than a legal one. However, the European Union has passed Decisions on the conclusion of the European Convention for the Protection of Animals Kept for Farming Purposes, the conclusion of the Protocol of Amendment to the European Convention for the Protection of Animals Kept for Farming Purposes, the conclusion of the European Convention for the Protection of Animals for Slaughter, and legislation on the protection of animals during international transport of animals, which are binding upon EU member states.

The following Council of Europe Conventions are of relevance:

• No 87 (Strasbourg 10/3/76) on the Protection of Animals Kept for Farming Purposes;
• No 145 (Strasbourg 6/11/92) - Protocol of amendment to the above (farm animal) convention;
• No 65 (Strasbourg 13/12/68) on the Protection of Animals During International Transport;
• No 102 (Strasbourg 10/5/79) on the Protection of Animals at Slaughter.

There is also a Council of Europe recommendation (18 November 1986) concerning poultry of species Gallus Gallus kept to produce eggs.

Copies can be obtained from:
Directorate of Legal Affairs
Council of Europe
PO Box 431 R6
F67007 Strasbourg
Cedex, France
Fax: 33 88 41 27 94

No. 87 on the Protection of Animals Kept for Farming Purposes

• Animals to be housed and provided with food, water and care in accordance with their physiological and behavioural needs.
• The freedom of movement of an animal shall not be restricted in such a way as to cause it unnecessary suffering or injury.
• Where an animal is continuously or regularly tethered or confined, it shall be given space appropriate to its physiological and behavioural needs.
• Lighting, temperature, humidity, air circulation, ventilation, and other environmental conditions such as gas concentration or noise intensity to conform to animals physiological and behavioural needs.
• No food or water to be provided in manner (or contain any substance) which may cause unnecessary suffering.
• Condition and health of animals to be thoroughly inspected at intervals sufficient to avoid unnecessary suffering, and in intensive systems at least once a day.
• Technical equipment in intensive systems to be thoroughly inspected sat least once a day.

No 145 Protocol of amendment (to farm animal convention)

No 65 on the Protection of Animals During International Transport

• Animals that are ill or injured shall not be considered fit for transport. They shall receive first aid treatment as soon as possible and, if necessary, veterinary examination.
• When animal are loaded in containers one on top of another, or in vehicles with more than one floor, care to be taken to avoid droppings falling on animal underneath.
• Suitable food and water, in adequate quantities, shall be made available unless the journey lasts less than 12 hours, or the journey lasts less than 24 hours for chicks arriving within 72 hours of hatching.

No 102 on the Protection of Animals for Slaughter Contains general provisions on the protection of animals at slaughter. With regard to animals arriving in cages, baskets and crates, the convention r4equires that these are handled with care and that, where these have perforated bottoms, animals shall be unloaded with particular care in order to avoid injuring the animals' extremities. Where appropriate, they shall be unloaded individually.

Permits contracting parties to authorise derogations for the slaughtering of poultry (and rabbits) by authorised methods causing instantaneous death. Also, permits contracting parties to allow religious slaughter (without prior stunning).

Council of Europe recommendation (18 November 1986) concerning poultry of species Gallus Gallus kept to produce eggs

This Council of Europe recommendation starts by recognising that systems of husbandry currently in commercial use often fail to met the physiological and behavioural needs of laying hens, 'especially the wide spread battery cage systems as currently practised'.

The recommendation encourages the development of alternative systems and, in the meantime, provides standards which have to be met for commercial systems currently in use.

General provisions include:

• Hens to be cared by for sufficient number of experienced personnel;
• Flock to be inspected at least once a day (with appropriate light source);
• Details of inspection provided (i.e. areas to be given attention). However, individual inspection only required where group inspection makes this necessary;
• For poultry not in good health, cause to be established and remedial measures taken;
• Factors to be taken into account when considering poultry accommodation include risk of environmental factors, such as noise, light, vibration and atmospheric pollution;
• Design, construction and maintenance of buildings to be such as to minimise disease, fire risk and injury, and to facilitate inspection;
• Equipment and fittings to be designed and maintained such as to reduce risk of exposure of hens to spills of feed and water or droppings;
• Parties to consider arrangements for new poultry systems to be tested and approved before introduction to commercial use;
• Advice on health and welfare to be sought when buildings to be built or modified;
• Stocking density of hens to be such as to avoid abnormal behaviour or injury by trampling or pecking;
• Accommodation to be such that temperature, air velocity, humidity, dust levels and other atmospheric conditions do not adversely affect hens;
• Effective alarm system in the event of system failure;
• Birds not to be exposed to sudden or constant noise (and provision re machinery/equipment and placement/noise);
• In the case of artificial light, birds to have suitable resting period each day, with light reduction;
• Hens to have adequate, nutritious and hygienic feed and water, except in case of therapeutic or prophylactic treatment;
• Automatic and mechanical equipment to be inspected at least daily, and where defects discovered steps taken to safeguard hens welfare;
• Provisions regarding disinfecting and cleansing;
• General prohibition for mutilations, blinkers only permitted on veterinary advice. But permitted: beak trimming and dubbing as 'last resort' (with conditions given), flight feathers of one wing removed (to prevent flying) and toe cutting (cutting of first phalanx of the inside toe) when under 72 hours old or by veterinarian.

Specific provisions for battery cages (Appendix A) include:

• Accommodation more than three tiers only permitted if inspection of all tiers possible;
• Birds to have sufficient space to stand normally and turn around without difficulty, and to perch or sit down without interference from other birds;
• Cages to be of sufficient height to permit birds to stand normally;
• Floors to be designed and maintained so as to avoid distress or injury to birds.
• This Appendix also recognises that keeping poultry in battery cages may, in certain cases, lead to unnecessary suffering, and calls for endeavours to be made to introduce improvements in husbandry systems which permit the birds behavioural and physiological needs to be met (in particular with a les barren environment with nesting and perching facilities).

Specific provisions for birds kept in other intensive systems (Appendix B) include:

• When determining stocking density, consideration given to breed, strain and type of bird, system of housing etc. as well as number of perches and other installations on third dimension;
• Stocking density to be such as not to cause distress or injury;
• Adequate perching facilities without sharp edges;
• Adequate nesting facilities;
• If food not available ad libitum, sufficient space for all birds to be able to eat simultaneously; and
• Sufficient space to avoid competition between birds in feeding (where birds feed from both sides of trough).

Specific provisions for birds kept on free range (Appendix C) include:

• Flocks and portable houses to be moved with sufficient regularity (for disease prevention, prevent contamination, muddy conditions etc.);
• Precautions to be taken to protect birds against predators, dogs, cats etc.;
• Shelter to be available to protect against rain, sun and cold. Windbreaks to be provided on exposed land;
• When birds transferred to range houses, precautions to be taken to avoid crowding and suffocation. Birds not to be confined for too long during daylight hours, or subjected to direct sunlight in confinement; and
• Food and water not to remain in stale or contaminated condition. In freezing conditions, attention to be given to provision of water.

European Union Legislation

Council Decision 78/923/EEC: approved the European Convention on the Protection of Animals Kept for Farming Purposes.

Council Decision 92/583/EEC: approved the Protocol of Amendment to the European Convention on the Protection of Animals Kept for Farming Purposes.

Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes, lays down Community provisions designed to give effect to the principles laid down in the Convention.

Commission Regulation 93/1274/EEC introducing detailed rules on certain marketing standards for eggs.

Council Directive 88/166/EEC complying with the judgement of the Court of Justice in Case 131/86 (annulment of Council Directive 86/113/EEC of 25 March 1986) laid down minimum standards for the protection of laying hens kept in battery cages.

Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens repeals Directive 88/166/EEC with effect from 1 January 2003 and phases out the traditional battery cage.

Council Directive 88/166/EEC

Directive 88/113 of 25 March 1996 was the original directive laying down standards for laying hens kept in battery cages. This was annulled on procedural grounds following a case brought by the UK in the European Court of Justice (ECJ). The measure was subsequently re-enacted as Directive 88/166 after revision to the preamble to comply with the ECJ.

The directive lays down minimum standards for battery cages (Article 3) which were phased in from 1 January 1988, but applied to all cages from 1 January 1995. They include:

1. At least 450 square cm of (floor space) cage size for each laying hen.
2. A feed trough which may be used without restriction. At least 10 cm per bird.
3. Each cage to have continuous drinking channel of same length, unless nipple drinkers or drinking cups are provided. With plumber drinking points, at least two nipple drinkers or drinking cups to be within reach of each cage.
4. Cages to be at least 40 cm high over 65% of the cage area, and no les than 35 cm high at any point.
5. Floors to be constructed so as to support forward facing claws. Floor slope not to exceed 14% or 8( (but Member States may permit higher slopes for floors other than wire mesh).
6. The Directive also requires Member States to check to ensure compliance with its conditions (Articles 4 and 6), and provides for the Commission to carry out regular on-the-spot checks for compliance (Article 7).

Additional provisions (Annex) include:

• Construction materials to be such as to avoid injury;
• Cages to prevent escape;
• Poultry to have access to adequate, nutritious and hygienic feed each day, and to fresh water continuously (except in case of prophylactic treatment);
• Provisions on insulation & ventilation;
• Hens to be cared for by sufficient number of knowledgeable/experienced personnel;
• Hens to be inspected at least once each day, and sufficient light to be available for this purpose;
• Accommodation on three tiers only to be permitted if checking can be achieved (by devices/measures);
• Provisions for taking remedial action if birds not in good health, and any environmental problems/factors to be rectified;
• Automated equipment to be inspected at least daily, and defects rectified (and alarm system to warn stock-keeper of any failure); and
• Provision re cleansing and disinfecting.

New Directive in 1999 - Phase Out of Traditional Battery Cages

Alternative Systems

From 1 January 2002 all new or rebuilt systems to have: -

1. Either linear feeders with at least 10cm per bird or circular feeders with at least 4cm per bird.
2. Either continuous drinking troughs providing 2.5 cm per hen or circular drinking troughs providing 1 cm per hen. In addition, where nipple drinkers of cups are used, there shall be at least one per 10 hens. With plumber drinking points, at least two cups or two nipple drinkers to be within reach of each hen.
3. At least one nest for every seven hens, or if group nests at least 1m squared of nest space for 120 hens maximum.
4. Adequate perches, providing at least 15 cm per hen.
5. At least 250 cm squared of littered area per hen, with litter occupying at least one third of ground space.

All systems have to comply with the above minimum requirements by 1 January 2007

Also: -

• Floors to be constructed so as to support forward-facing claws.
• In systems using various levels, no more than four levels permitted, headroom between levels at least 45 cm, drinking and feeding facilities provide equal access, and levels arranged so droppings do not fall onto levels below.
• In systems with access to open runs, there must be several pop holes, of at least 35 cm high and 40 cm wide, giving direct access to open area, with a total opening of at least 2m per group of 1,000 hens.
• Open runs have to be of an area appropriate to stocking density and ground conditions, and equipped with shelter from inclement weather.
• The stocking density must not exceed nine laying hens per square metre of useable area (but with Member States able to authorise a stocking density of 12 hens per square metre where the useable area corresponds to ground area for establishments applying this system on 3 August 1999.

Unenriched Cages

Rearing in unenriched cages to be prohibited by 1 January 2012.
No unenriched cages to be built or brought into use from 1 January 2003.

From 2003, all enriched cages to comply with following: -

• At least 550 square cm of cage area for each hen (horizontal plane).
• At least 10cm of feed trough per bird.
• Unless nipple drinkers or drinking cups provided, each cage to have continuous drinking channel same length as feed trough. Where drinking points are plumbed in, at least two nipple drinkers or two cups must be in easy reach of each cage.
• Cages must be at least 40 cm high over at least 65% of the cage area and not less than 35 cm at any point.
• Floors to be constructed so as to support forward-facing claws. Floor slope not to exceed 14% or 8%.
• Cages to be fitted with claw shortening devices.

Enriched Cages

The following minimum requirements to be complied with by 1 January 2002

• At least 750 square cm per hen, 600 of which to be usable. The cage height other than that above the usable area to be at least 20cm at every point. No cage to have a total area of less than 2,000 square cm.
• Nest.
• Litter for pecking and scratching.
• Perches at least 15cm per hen.
• Feed trough which may be used without restriction. At least 12cm per hen.
• Drinking system appropriate to group size. Where nipple drinkers provided, at least two nipple drinkers or two cups must be within the reach of each hen.
• Minimum aisle width of 90cm between the cages and a space of at least 35cm between the floor and bottom tier.
• Cages to be fitted with suitable claw shortening devices.

Not later than 1 January 2005, the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the Scientific Veterinary Committee, on the various systems of rearing laying hens, and in particular on those covered by the directive, taking account both of pathological, zootechnical, physiological, and ethological aspects of the various systems and of their health and environmental impact.

Commission Regulation 93/1274/EEC

Commission Regulation 93/1274 lays down general marketing rules for eggs. It includes standards for certain labelling terms which may be used, i.e.:

1. Free Range
2. Semi-intensive
3. Deep litter
4. Perchery (barn)

Under this legislation, these terms may only be used if the following criteria are met:

(a) Free Range Eggs
Must be produced in enterprises in which:

• have continuous daytime access to open-air runs,
• the ground to which hens have access is mainly covered with vegetation,
• the maximum stocking density is not greater than 1,000 hens per hectare of ground available to the hens, or one hen per 10m2, and
• the interior of the building to satisfy the conditions specified in deep litter or barn systems.

• hens have continuous daytime access to open-air runs,
• the ground to which hens have access is mainly covered with vegetation,
• the maximum stocking density is not greater than 4,000 hens per hectare or one hen per 2.5m2, and
• the interior of the building to satisfy the conditions specified in deep litter or barn systems.

• the maximum stocking density is not greater than seven hens per square metre of available floor space,
• at least a third of the floor area is covered with litter (such a straw, wood shavings, sand or turf), and
• a sufficiently large part of the floor area available to the hens is used for the collection of bird droppings.

• the maximum stocking density is not greater than 25 hens per square metre of available floor space, and
• the interior of the building is fitted with perches of a length sufficient to ensure at least 15cm perch space each hen.

National Legislation

Please do let WAN know if you have any information on other countries seeking to ban battery cages or dramatically improve standards for laying hens in any other way.

Switzerland

• perches (at least 14 cm per hen),
• nests (darkened, protected, with soft floor or litter),
• daylight (if possible), and
• provisions on population density (maximum stocking density on wire netting or slatted floors: up to 10 hens, 1,400 cm2/hen; 11 to 20 hens, 1,200 cm2/hen; more than 40 hens, 800 cm2/hen).
• result in an effective ban on traditional cages.

A ten year phase-in period was given for systems to comply with these requirements. In battery cages, the minimum space allowance was 500 cm2 from January 1987. In addition to these legislative provisions, there were additional requirements posed by Swiss consumers (See Egg Labelling and the Consumer Dimension).

Sweden

However, this ban is now jeopardised due to heavy lobbying from battery egg producers, and the fact that they have refused to make plans to change to non-cage systems. At present, only about 15% of Swedish laying hens are in non-caged housing.

The Swedish Society Against Painful Experiments on Animal is campaigning for the battery cage ban to be enforced. They ask for Sweden to stand by the decision of Parliament in 1988, and to remain an example of higher welfare standards in the EU. They do not accept modified cages as an alternative to conventional cages.

Denmark Denmark has a minimum space allowance of 600 cm2 for hens. Although a member of the EU it has unilaterally introduced a higher space allowance than the EU minimum.

ACT, Australia

However, in February 1999 the South Australian and Victorian Governments blocked the ACT legislation to ban the cruel battery cages. Because unanimous agreement of all States and Territories was required for the ACT to introduce its 6-year phase-out of battery caging of layer hens, Premiers Kennett and Olsen destroyed an innovative and compassionate law.

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