Animal Welfare (Jersey) Law 2004.

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A decision made (01/12/2006) regarding Animal Welfare (Jersey) Law 2004.

Subject:	Animal Welfare (Jersey) Law 2004
Decision Reference:	MD-PE-2006-0214		Exempt clause(s):
Type of Report: (oral or written)	written		Person Giving Report (if oral):	Linda Lowseck
Telephone or e-mail Meeting?			Report File ref:	ED\15\02\02
Written report – Title	Animal Welfare (Jersey) Law 2004: Bringing into Force
Written report – Author (name and job title)	Linda Lowseck. States Veterinary Officer
Decision(s): Agree the following 5 actions to enable the Animal Welfare (Jersey) Law 2004 to come into force 1 Order that Dieldrin, Aldecarb, Alphachloralose, Bendocarb, Carbofuran, Mefinphos, Sodium cyanide and Strychnine are prohibited poisons. 2 Order the application of licence fees as per Annex 1 of the report. 3 Order an exemption from the requirement to be licensed for the first 6 months of the Law being in force. 4 Order an amendment to Schedule 1 to permit castration of pigs without anaesthetic, using a scalpel, before the age of 1 week 5 Lodge an Appointed Day Act to bring the Law into force on 1 February 2007
Reason(s) for decision: 1 An order is required to bring Article 7 into force. These substances are recognised poisons. 2 The fees are set to cover costs of licensing eligible premises 3 Timetable enables existing businesses to operate and make necessary adjustments to comply with legislation 4 This will bring Jersey into line with recommendation of Farm Animal Welfare Council to minimise adverse welfare of procedure when it is deemed necessary 5 To enable enactment of the Animal Welfare (Jersey) Law 2004
Action required: States Veterinary Officer to instruct Law Drafting Officers to prepare: 1 Order defining prohibited poisons under Article 7 2 Order prescribing fees under Articles 41 and 23 3 Order exemption from licensing requirements in Articles 14 and 15 under Article 16 4 Order to amend schedule 1 to permit castration of pigs without anaesthetic, using a scalpel, before the age of 1 week under Article 6 (4) (a) 5 Draft of an Appointed Day Act bringing the Law into force on 1 February 2007 States Veterinary Officer to arrange publicity for introduction of Law and requirement of businesses to apply for licences together with scale of fees.
Signature: (Minister/ Assistant Minister)		Date of Decision: 1 December 2006

Animal Welfare (Jersey) Law 2004.

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

Animal Welfare (Jersey) Law 2004: Bringing Into Force

(Public)

Purpose of the Report

To bring the Animal Welfare (Jersey) Law 2004 into force is a departmental business objective for 2006.

Background

The States approved the Animal Welfare (Jersey) Law 2004 on 20 April 2004.

To bring the Law into force it is necessary to:-

§ specify those poisons which will be prohibited by the Law

§ agree a schedule of fees that will apply for the issue of licences under the Law

§ make an Appointed Day Act.

In addition,

 It is proposed that businesses caught by the licensing provisions are exempted for a period of 6 months to allow them the opportunity of making any necessary adjustments to achieve compliance.

 Current provisions of the Law relating to the castration of pigs have been deemed unsatisfactory by the SVO and an Order will be required to amend Schedule 1 accordingly.

Discussion

Bringing the law into force is a high priority to promote improvements to animal health and to welfare and to give legal powers to investigate adverse welfare complaints.

The substances to be prohibited poisons are recognised to be dangerous to human and animal health when used and handled incorrectly. There is no reason for administration to animals in a modern society.

The fees for licensing premises are in Annex 1 (Fees).

Enacting the Law by means of a 6 month exemption from licensing enables non-compliant premises to comply within a reasonable timescale.

Castration of pigs is discouraged but when it is considered necessary it should only be carried out without anaesthetic, before 1 week of age.

Conclusion

Bringing the Animal Welfare (Jersey) Law 2004 into force will be welcomed by many who have keenly followed its progress over a protracted period.

Recommendation

Agree the following 5 actions to enable the Animal Welfare (Jersey) Law 2004 to come into force

Order that Dieldrin, Aldecarb, Alphachloralose, Bendocarb, Carbofuran, Mefinphos, Sodium cyanide and Strychnine are prohibited poisons.
Order an amendment to Schedule 1 to permit castration of pigs without anaesthetic, using a scalpel, before the age of 1 week
Order an exemption, for the first 6 months of the Law being in force, from the requirement to be licensed
Order the application of licence fees as per Annex 1 of the report.
Lodge an Appointed Day Act to bring the Law into force on 1 February 2007.

Written by:	Linda Lowseck

Approved by:	Chris Newton, Director of Environment

File ref: ED\15\02\02

Ministerial Decision ref: MD-PE-2006-0214

31 October 2006

·Planning and Environment Business Plan 2006 Ref V1

·Animal Welfare (Jersey) Law 2004

· Annex 1 (Fees)

Animal Welfare Law Report : Annex 1 (Fees)

Animal Welfare (Jersey) Law 2004 Article 23 permits recovery of inspection costs from applicants who require licences in accordance with Articles 14 and 15 of the legislation.

All hourly rates are from Civil Servant Costing Rates As At June 2005

It is proposed the fees for Licences are agreed as follows:

1 Application and Registration Fee. Flat fee payable by all applicants for administration of application by non-veterinary staff. Processing time estimated to be 1 hour and will encompass scrutinising and recording the application, contacting the applicant where necessary for clarification and arranging the inspection visit by the States Veterinary Officer or other Inspector. Following the visit, preparation and recording of licence, mark forward for renewal. Fee to be hourly rate for grade 9/3 £39.20.

2 Inspection Fee. Payable in advance, when a specific date and time for inspection are arranged. Inspection will not proceed until receipt of the fee.

Given the variety of premises and consequently variable times which may be spent on initial inspection together with potential requirement to re-inspect before granting a licence when alteration(s) have to be made and verified, this procedure may involve 1 hour or several hours time. The following is based on hourly inspection rate is £55/hour, the average hourly rate for grade 9 and grade 15 Inspections will be carried out by officers of both grades and it is not possible to identify which premises will be specifically inspected by either grade. Fee incorporates travelling, inspection of compliance with code and reporting

Calculation of Fees:

Less than 10 animals:

New Licence fee: 2 hours inspection

Renewal fee: 1½ hours inspection + ½ hour admin by grade 9/3

More than 10 animals:

New Licence fee: 3 hours inspection

Renewal fee: 2 hours inspection + ½ hour admin

Keeping Premises (Article 14 (2) (a) and (b)) Dog, cat, rabbit guinea pig and horses breeding, boarding kennels, sanctuary for all species

	New Licence	Annual Renewal
Total number of animals less than 10:	£110	£102.10
Total number of animals more than 10:	£165	£129.60

Grooming Premises, Sale Premises, Performance or Exhibition (Article 14 (2) (c) (d)) (e)(f)):

New Licence Fee: £82.50 1½ hour inspection

Annual Renewal Fee: £74.60 1 hour inspection + ½ admin

New Licence	Annual Renewal
£82.50	£74.60

Re-inspection Fee

Any re-inspection to verify compliance before granting full licence will be charged at £55/hour or part thereof for the visit. This will follow identification of non-compliance at initial inspection.