Guidelines for Drafting Codes of Welfare - MAF Information Paper No 36

 

ISBN: 0-478-20096-X
ISSN: 1171-4654

3 May 2001

Disclaimer

While every effort has been made to ensure the information in this publication is accurate, the Ministry of Agriculture and Forestry does not accept any responsibility or liability for error or fact omission, interpretation or opinion which may be present, nor for the consequences of any decisions based on this information. Requests for further copies should be directed to:

Publications Officer
MAF Information Bureau
P O Box 2526
WELLINGTON

Telephone: (04) 474 4100
Facsimile: (04) 474 4111
Or alternatively we invite you to visit our site at http://www.maf.govt.nz

Table of Contents

1 Purpose of the Guidelines 

2 Background – Codes of Welfare

2.1 Legal status of codes 
2.2 Departures from the Act’s obligations 
2.3 Consultation 
2.4 Regulations Review Committee Scrutiny 

3 Structure & Format 

3.1 Preface and introduction 
3.2 Appendices 
3.3 Standard section headings 
3.4 Standard format within each section 
3.5 Grouping of information on each topic 
3.6 Minimise duplication and the amount of general information provided 
3.7 Inclusion of material covered in other codes 
3.8 Boundaries between codes 

4 Application of Codes

5 Minimum Standards 

5.1 Prohibitions 
5.2 Food/feed 
5.3 Water 
5.4 Animal health
5.5 Shelter 
5.6 Surgical procedures 

6 Recommended Best Practice 

Appendix A: Standing Order 382

Appendix B: Standard Preface & Introduction 

Appendix C: Defences 25.Ministry of Agriculture and Forestry Guidelines for Drafting Codes of Welfare 

1 Purpose of the Guidelines

These guidelines have been written to assist people drafting codes of welfare (codes), and to ensure that the codes are consistent and legally sound. Guidance is provided on how to draft, format and structure codes. It has not been possible to produce definitive principles as decisions will need to be made on a case by case basis taking into account the particular circumstances of a code. MAF can be contacted to provide advice as required, in particular to assist in ensuring that codes are drafted appropriately and meet the requirements of the Act.

These guidelines should not necessarily be treated as a definitive document; as MAF intends that they will be updated as more experience is gained in developing codes of welfare.

2 Background – Codes of Welfare

The Animal Welfare Act 1999 provides for codes of welfare to be developed. It is expected that they may be quite detailed as they will be used to promote appropriate behaviour, establish minimum standards and promote best practice in relation to animals owned or in a person’s charge. Codes of welfare may be drafted by any person or organisation. They will be issued by the Minister, following a public consultation process and advice from the National Animal Welfare Advisory Committee (NAWAC).

Codes of welfare can contain details, including explanatory information that is not appropriate in an Act of Parliament. Codes have an important role in improving animal welfare standards and facilitating success in overseas markets.

The benefits of codes include:

• the provision of greater detail than that contained in the Act including base lines for animal management and care;
• flexibility to modify and improve animal welfare standards in line with changing community expectations, scientific knowledge and technological change;
• balanced representation of community expectations and views through community involvement in the development of codes; and
• educational value through an ability to use them to improve community awareness of animal needs.

2.1 Legal Status of Codes

Codes of welfare have a particular legal status under the Animal Welfare Act. Breach of the minimum standards in a code is not an offence. Rather, any prosecutions will be for failure to meet the obligations in the Act relating to the care of an animal or for ill-treatment of an animal. Failure to adhere to the minimum standards set out in a code will, however, be able to be used as evidence to support a prosecution.

Compliance with a relevant code of welfare is a defence where a person is charged with an offence under the Act. Such persons have the opportunity to argue and present evidence that their standard of care or conduct equalled or exceeded that specified in a relevant minimum standard.

2.2 Departures from the Act's Obligations

In exceptional circumstances minimum standards and recommended best practices may be proposed that do not fully meet the obligations of the Act. In making such a recommendation to the Minister, NAWAC must have regard to the feasibility and practicality of effecting a.2
Guidelines for Drafting Codes of Welfare Ministry of Agriculture and Forestry transition from current to new practices and any adverse effects that may result, the economic effects of any transition, and the requirements of religious or cultural practices. The advice of MAF should be sought if drafters of a code consider that minimum standards of this nature may be required. Justification will need to be provided to NAWAC.

2.3 Consultation

People who prepare a draft code must consult representatives of persons likely to be affected by the code prior to submitting it to NAWAC. NAWAC should be provided with evidence that such consultation has occurred, or have such documentation made available to them. Such consultation could include involving them in discussions or providing a draft for their comment. It does not mean that writing groups of draft codes must include a representative of each type of person likely to be affected. Advice can be sought from MAF/NAWAC as to what would constitute adequate pre-notification consultation.

The Act requires NAWAC to conduct a public consultation process, to ensure that the range of views held within the community is taken into account when minimum standards for the care of animals are being determined. Such consultation is important given that failure to meet the standards could lead to legal action, albeit for breaches of the Act itself rather than breaches of the code. Wide consultation will be particularly important for contentious issues, on which there is a range of community views.

The public consultation process includes the "notification" of draft codes – the advertising of the opportunity for the public to make submissions. NAWAC must not publicly notify a draft code unless satisfied that the draft code complies with the purposes of the Act, is clearly written and the person who prepared the draft code has consulted with representatives of the persons likely to be affected by it (section 71).

2.4 Regulations Review Committee Scrutiny 

Codes of welfare are deemed to be regulations for the purposes of the Regulations (Disallowance) Act 1989. This means that they are subject to scrutiny of the Regulations Review Committee. This is a Parliamentary Select Committee charged with examining regulations against a set of criteria and drawing to the attention of the House of Representatives any regulation that does not meet the criteria. The criteria are covered in standing order 382(2). For example, regulations must not trespass unduly on personal rights and liberties and must be made in compliance with the particular notice and consultation procedures prescribed by the statute under which they are made. A copy of standing order 382 is attached to these guidelines as Appendix A.

If the Regulations Review Committee makes a report to the House about any regulations, the House may vote to disallow (revoke) or amend the regulations (including codes of welfare), or substitute them for another.

3 Structure & Format

3.1 Preface and Introduction 

NAWAC and MAF have approved a standard preface and introduction, which will be inserted at the front of all codes of welfare. A copy is attached to the guidelines as Appendix B.

The preface leaves room for the Minister to provide informal information relevant to each code. The introduction provides general explanatory material. It is anticipated that each code will include a section providing background or introductory material relevant to that particular code. This may cover such matters as information on an industry that a code relates to, the scope of the code, the process followed in its preparation, who the code applies to, and definitions.

Key principle:

• Each code will contain a standard preface and introduction (provided by MAF).

3.2 Appendices

Each code of welfare will contain a standard Appendix of the full list of circumstances when compliance with a code could be used as a defence to a prosecution. This has been prepared by MAF’s Legal section. A copy is attached to these guidelines as Appendix C.

Codes of welfare may also contain other matters in appendices, for example information on general farm management. As a general rule, the number of and amount of information in appendices should be kept to a minimum. It is worth remembering that readers are not likely to use a code of welfare as their primary source of this sort of information. Instead, they would seek such advice from a farm adviser, a neighbour, draw on their own training or other sources of information or advice.

Key principles:

• Each code will contain a standard Appendix covering defences (provided by MAF).
• Other material, e.g. on general farm management, may be included in appendices but should be kept to a minimum.

3.3 Standard Section Headings 

It is not possible to have a standard set of section headings that can be used for every code. This is because codes vary in the material they cover. For example, codes dealing with uses (such as animals in entertainment) or activities (such as slaughter) will differ from codes dealing with particular species.

Nevertheless, codes should adopt the same or similar section headings where they cover similar material – such as codes covering particular species (dairy cattle, emus and ostriches etc.). Where possible headings based on a variation of the physical, health and behavioural needs, as listed in section 4 of the Act, should be adopted. Codes would therefore be structured along the lines of:

• food and water;
• shelter and other facilities (housing, lighting, ventilation, feed pads, yards, races etc);.4
  Guidelines for Drafting Codes of Welfare Ministry of Agriculture and Forestry
• husbandry practices (to include physical handling and expressions of normal behaviour);
  and
• disease and injury control. which are appropriate to the species, environment, and circumstances of the animal.

Key principles:

• The following section headings should be used for species-specific codes:
  • food and water;
  • shelter and other facilities (housing, lighting, ventilation, feed pads, yards, races);
  • husbandry practices (to include physical handling and expressions of normal behaviour);
  • disease and injury control.

3.4 Standard Format within Each Section

It is important to have a standard drafting format within each section. Separate lists must be provided of minimum standards and recommended best practices.

Once minimum standards and any recommended best practices are separated out, this will leave, in some instances, general information. It is suggested that a general information section follow the minimum standards and recommended best practices. It may also be appropriate to have an introduction at the beginning of each section.

Further experience in drafting codes will assist in finalising the appropriate headings and format within each section.

Key principles:

• The information in each section of codes should be structured as follows:
  • section heading (e.g. Feed for lactating cows);
  • introduction;
  • minimum standards;
  • recommended best practice;
  • general information.
• Not all headings/sub-sections will be required in each section of codes.

3.5 Grouping of Information on Each Topic

In some situations information, including minimum standards, can potentially be included under more than one heading. Where generic headings are included in a code (such as ‘food and water’ or ‘shelter’), all information relating to these areas should be included under those headings and not be dispersed through other sections in the code. Cross-referencing can be used to further assist readers to locate information.

For example, standards relating to provision of food and water could come under the heading of "food and water" or they could come under "husbandry". The preference is for all information about feeding to be included under the "Food and Water" section. In the case of the dairy cattle code for example, this could include information on feed requirements for pregnant and lactating cows, hand rearing of calves etc.

Key principles:

• Group information under the appropriate heading rather than dispersing it through different sections of the code.
• Cross-referencing can be used to further assist readers to locate information.

3.6 Minimise Duplication and the Amount of General Information Provided

It is important that the amount of duplication and general information provided in codes is minimised to avoid unnecessary clutter and excessive length.

A simple means of reducing length without compromising quality is to minimise duplication of material. For example, an early draft of one of the codes contained a section on inspections that duplicated information contained in other sections of the code (it noted that feeders must be at a height that can be reached, pellet size must be appropriate for the size of animal etc.

This was already covered in the section on "Food"). In this instance, the section on "Inspections" should cover the frequency of inspections and indicate that the purpose of an inspection is to check for compliance with minimum standards set out in other sections of the code.

Drafters should also be conscious of the length of the introduction and general information sections. While codes have both legal and educational objectives, the general information provided in a code should assist readers to comply with the minimum standards. The introductory material should be kept to a minimum. In many cases the minimum standards of a section will be self-explanatory.

Key principles:

• Minimise duplication of material.
• Minimise the length of the introduction and general information sections.

3.7 Inclusion of Material Covered in Other Codes

As a general rule, material found in one code should not be repeated in another. This is because:

• it increases the length of the code; and
• when the primary code is revised, all other codes that repeat the information would also need to be revised.

The preferable approach is to include a cross-reference to material in other relevant codes. The rule does not apply to situations where two different codes cover the same species and by necessity, each code must cover some of the same information. For example, some of the material in the beef cattle and dairy cattle codes on fundamentals such as food, water and shelter will be the same. It is important in this situation that the material is consistent. The same wording should be used where appropriate.

There may be other situations where it would be appropriate to repeat material..6
Guidelines for Drafting Codes of Welfare Ministry of Agriculture and Forestry

Key principles:

• Codes should not repeat material found in other codes except in situations where two or more codes relate to the same species (such as beef and dairy cattle).
• Cross referencing should be used where appropriate.
• Where two or more codes relate to the same species, minimum standards and recommended best practices should be worded consistently where appropriate.

3.8 Bound Aries between Codes

Specialised codes will cover certain activities (such as slaughter and transport), but some aspects of the care of animals must be provided prior to slaughter and transport. In most cases, the material should be divided between specialised and species-specific codes at the point where direct responsibility for the care of the animal changes hands, for instance, from the farmer to the transporter. A species-specific code for sheep, for example, would cover the steps that need to be taken to prepare the animals for transport (food, water etc) but aspects such as the provision of food and water and space allowance during the journey would be covered in the transport code.

It needs to be examined whether this is appropriate in some circumstances however, such as the transport of broiler chickens. The broiler chicken industry tends to be vertically integrated. This means that the company doing the transporting tends to be the same company that rears and cares for the animals. Therefore, it may be appropriate for provisions relating to transport to be included in the broiler code so that individual companies or persons need only look at one code. This would not be practical if a lot of information needed to be uplifted from the transport code. It should be noted that the standards relating to the slaughter of poultry are likely to be contained in the draft commercial slaughter code rather than the broiler chicken code.

Key principles:

• Specialised codes such as those dealing with slaughter and transport should be covered in generic codes which would cover a number of different species.
• Material should be divided between specialised and species-specific codes at the point where direct responsibility for the care of the animal changes hands e.g. from the farmer to the transporter.

4 Application of Codes

When drafting codes it is important to be aware that codes may have implications for a wide variety of owners and persons in charge of animals. For example, a species code will apply to a wide range of husbandry systems. A broiler chicken code will apply from the backyard owner of a few broilers through to large-scale production. Therefore it is unlikely to be appropriate for a minimum standard to state that all owners or persons in charge of broiler chickens must hold an animal welfare certificate.

Drafters will need to ensure that minimum standards can be practically applied across the entire range of raising systems. Alternatively, it can be stated that a particular minimum standard applies to a specific husbandry system. 

For example, it is clear that the following minimum standard applies to large-scale production: Where poultry are raised in controlled environment systems, the systems must take into account insulation, ventilation, heating, lighting, sanitation and hygiene requirements, allow for easy inspection and ensure a good feed and water supply. It is also clear that the following standard will apply to all systems of raising poultry: Feed must be provided daily.

5 Minimum Standards

Minimum standards are the critical component of codes of welfare. They provide the details of specific actions people need to take in order to meet the obligations in the Act. Minimum standards provide detail on, for example, how much food and water is "sufficient", what shelter would be regarded as "adequate", and what method of killing would be needed to ensure the animal did not "suffer unreasonable or unnecessary pain or distress". Standards can note that individual animals can have different requirements, and make provision for these differences.

The minimum standards are the minimum level of care that society expects should be provided by all those who care for the type(s) of animal covered by a code. If these standards are not met, people are at risk of prosecution. Minimum standards must be written with sufficient precision so that people are clear about their obligations and a prosecutor/defendant is able to easily identify and provide evidence of non-compliance or compliance. Minimum standards that do not cover all essential requirements for animal welfare could result in a person proving compliance with a standard even though welfare is being compromised. Minimum standards must be drafted in a way that is consistent with their legal status.

Key principles:

• Minimum standards represent the minimum type and quality of care and conduct considered necessary by society to meet the obligations in the Act.
• Minimum standards will cover aspects of care or conduct that are generally regarded as normal good husbandry or standard practice.
• Minimum standards must be written with sufficient precision so as to enable people to clearly understand how they can meet their obligations under the Act.
• Where possible, minimum standards should be measurable (such as degrees of temperature, quantities of food, rates of airflow). In many cases it will be appropriate to express figures as a range to take account of variability between animals and of environmental factors.
• Where it is not possible to include a standard that is measurable, general descriptors can be used but they must be written in sufficient detail so that readers are clear about the result to be achieved.
• Minimum standards must not be worded very generally or essentially repeat the obligations in the Act.

The following sections give more detailed guidance on more specific issues, including how to draft minimum standards on various subjects, by reference to examples.

5.1 Prohibitions

Minimum standards in a code cannot totally prohibit an activity, although they can impose restrictions. Consistent with principles governing the drafting of legislation, prohibitions can only be contained in the Act itself. For example, section 21(2)(a) provides that the ears of a dog must not be cropped. 

Minimum standards that contain prohibitions would be in breach of standing order 382(2)(a) and (f) and the Regulations Review Committee would not be satisfied. (A copy of this standing order is attached to this paper as Appendix A). Therefore any such minimum standards need to be redrafted.

Minimum standards must not translate the effect of a prohibition in the Act. For example, the Act contains a prohibition on causing animals to fight. The entertainment code, therefore, must not include minimum standards that prohibit dog fighting and cock fighting. The general information section of the code should note that dog fighting and cock fighting would come within the prohibition in the Act.

The rest of this section gives some examples of unlawful minimum standards. It suggests how they may be redrafted so that they no longer create prohibitions and instead place restrictions on the activity. It is important to concentrate on the activity being controlled and the conditions that can be imposed to achieve the required outcome – rather than attempting to outlaw the activity altogether.

It is inappropriate to include a minimum standard that "Unicorns must not be held in a circus". A similar effect could be achieved by rewording the standard, along the lines of: "Unicorns that express unmanageable aggression or pose significant handling difficulties must not be held or used in circuses; and Unicorns must be kept in social groupings that approximate the wild situation". This could be accompanied by a recommended best practice that: "Unicorns should not be held in a circus".

Similarly, a standard providing that "Unicorn riding must not be staged" is not permitted. It should be worded in the following manner: "Where unicorns are ridden, riders must not weigh more than 20kg and unicorns must weigh at least 45kg; and Unicorns must not be ridden more than three times per day" A recommended best practice could, however, state that: "Unicorns should not be ridden."

Instead of stating "Unicorns must not be raised in cages", a minimum standard can provide: "If unicorns are to be raised in cages, the minimum size of the cage is XXX (or provide a maximum number of unicorns per square metre). Unicorns must be given free access to roam and forage for food."

Key principles:

• Minimum standards in codes cannot totally prohibit an activity.
• In most cases, standards can be drafted to restrict the activity in question and have a similar effect to a prohibition.
• Minimum standards must not repeat prohibitions in the Act (such as cropping of dogs ears) nor must they include prohibitions on specific activities (e.g. dog fighting) which fall within a generic prohibition in the Act. However it is highly desirable that such information is covered in the general information section in the relevant sections of a code.

5.2 Food/Feed

Animals should receive a daily diet in adequate quantities and containing adequate nutrients to meet their requirements for good health and well being. When considering the amount of food and nutrients animals require, a number of factors need to be taken into account:

• physiological state: newborn/young animals, growth, maintenance, pregnancy and lactation;
• extensive or intensive management systems (in the case of production animals);
• nutritional composition of feed;
• age;
• sex;
• size;
• body condition;
• state of health;
• quality of diet;
• growth rate;
• previous feeding levels;
• feeding frequency;
• terrain – in the case of production animals;
• genetic effects of strain or breed;
• level of activity and exercise;
• maximum periods of food deprivation (e.g. during transportation);
• introduction of new feeds;
• climatic factors (e.g. inclement weather, droughts).

These factors should be considered when drafting this section.

Due to the considerable variation that occurs between individual animals, food and nutrient requirements vary from one individual to another. Therefore it may not be appropriate to include as minimum standards a complete range of the amounts of food and nutrients required. However, it is recommended that where they are available information on feeding amounts should be included in the general information section to provide guidance.

Minimum feed standards should be aimed at achieving a positive outcome for the animal ie. a healthy and vital individual. Where possible, monitoring techniques that take into account individual variations (by making allowance for different requirements) between individuals of the same species should be used e.g. body condition scores.

Body condition scores

We commonly assess the adequacy of an animal’s diet and food intake from its appearance, and from a visual assessment of its body condition. Body condition scoring is a repeatable and accurate method of visually and manually assessing animals. The body condition scoring system is an objective and measurable way of assessing whether animals are receiving adequate amounts of food. Body condition scoring is available for most of the production animals e.g. sheep, cattle and pigs, and also some companion animals such as cats, dogs and horses.

In a prosecution it is easier to present evidence of compliance or non-compliance with a standard that a species meets a certain minimum body condition score than it is to obtain evidence of the amount of food that has been provided to animals. However, it is recognised that condition scoring is, at present, only available for a limited number of species.

A copy of the complete body condition score scale should be included for reference purposes, preferably as an Appendix. Code writers will have to establish minimum condition scores, which are acceptable for welfare purposes as opposed to minimum scores for production. Care should also be taken to acknowledge any breed variations.

The following provides an example of how minimum standards relating to food should be drafted. Minimum standards should include at least the first two minimum standards in the example below and where body condition scoring is available it should also be included as a minimum standard.

Introduction

Unicorns must have available quantities of food and nutrients that meet their requirements assessed according to a number of factors including age, sex, reproductive state, growth stage, exercise level and climate

Minimum standards

Food must be provided to the animal each day. Adequate quantities of food and nutrients must be provided to ensure that the animal:

• maintains good health;
• meets its physiological demands for states such as pregnancy, lactation, growth, exercise and cold exposure;
• avoids metabolic and nutritional diseases;
• [and specify any other factors].

Adequate quantities of food and nutrients must be provided to ensure that the animal maintains or exceeds the body condition scores appropriate to its physiological state as stipulated in the following table:

Dry	3
Pregnancy	3.5
Lactation	4.0

 

Veterinary advice must be sought in regard to any animal with a body condition score below 2.0.

General Information

The following information provides guidance for the feed required for cattle for maintenance, pregnancy and lactation, and growth.

Table 1: Feed Requirements for maintenance in cattle (MJ ME/day & Kg DM/day)

Liveweight	Maintenance
(kg)	MJ ME/day	Kg DM/day
100	19	1.8
150	25	2.3
200	32	3.0
250	37	3.4
300	43	4.0
350	48	4.4
400	53	4.9
450	58	5.4
500	63	5.8

Table 2: Feed requirements (MJME/day & Kg DM/day) of beef cows during pregnancy and lactation

Liveweight		Maintenance	Month of pregnancy				Month of lactation
(kg)			6	7	8	9	1	3	5
350	MJME	48	51	54	59	66	74	80	75
	Kg DM	4.4	4.7	5.0	5.5	6.1	6.9	7.4	6.9
400	MJME	53	56	59	64	71	79	85	80
	Kg DM	4.9	5.2	5.5	5.9	6.6	7.3	7.9	7.4
450	MJME	58	61	64	69	76	85	91	86
	KgDM	5.4	5.6	5.9	6.4	7.0	7.9	8.4	7.0
500	MJME	63	66	69	74	81	90	96	91
	KgDM	5.8	6.1	6.4	6.9	7.5	8.3	8.9	8.4
Calf pasture requirements								10	30

Table 3: Feed requirements (MJME/day & Kg DM/day) of beef calves. Feed requirements for growth in cattle (MJ ME/day & Kg DM/day)

Liveweight	Liveweight gain (kg/day)
(kg)	0.25	KgDM	0.50	KgDM	0.75	KgDM	1.0	KgDM	1.25	KgDM	1.50	KgDM
100	23	2.1	28	2.6	32	3.0	37	3.4	41	3.8	46	4.3
150	31	2.9	37	3.4	43	4.0	49	4.5	55	5.1	61	5.6
200	39	3.6	47	4.4	54	5.0	62	5.7	69	6.4	77	7.1
250	46	4.3	55	5.1	64	5.9	72	6.7	81	7.5	90	8.3
300	53	5.0	63	5.8	73	6.8	84	7.8	94	8.7	104	9.6
350	59	5.5	71	6.6	82	7.6	94	8.7	105	9.7	116	10.7
400	66	6.1	78	7.2	91	8.4	103	9.5	116	10.7	129	11.9
450	72	6.7	86	8.0	99	9.2	113	10.5	127	11.8	141	13.1
500	78	7.2	93	8.6	108	10.0	123	11.4	138	12.8	152	14.1

Key principles:

• Minimum standards relating to feed must take into account the factors that affect animals’ food requirements.
• The feed/food section of codes of welfare should include at least the following two minimum standards or equivalent standards:
• Food must be provided to the animal each day;
• Adequate quantities of food and nutrients must be provided to ensure that the animal:
  • maintains good health;
  • meets its physiological demands for states such as pregnancy, lactation, growth, exercise and cold exposure;
  • avoids metabolic and nutritional diseases;
  • (and specify any other factors).
• Where body condition scoring is available it should be included as a minimum standard.
• For some species there may be other recognised, reliable and repeatable methods that take into account individual variations by making allowance for different requirements between individuals of the same species. These should be included as minimum standards.

5.3 Water

It is difficult to specify the minimum quantities of water that various species need, as it will depend on a number of factors such as whether the animals are lactating and the climate. However, it is reasonable to expect that water must always be available and easily accessible. Therefore, this should be included in minimum standards. Where there are limitations on the ability of animals to drink determined requirements, e.g. during transportation, minimum standards should specify water requirements.

Key principles:

• Minimum standards should require continuous access to water that is not contaminated or deleterious to health.
• Where there are limitations on the ability of animals to drink, e.g. during transportation, minimum standards should specify water requirements.

5.4 Animal Health

Codes of welfare must address the obligation of "Protection from, and rapid diagnosis of, any significant injury or disease" (section 4 of the Act). It is suggested that, as a minimum, three general elements need to be covered in the minimum standards to address this obligation:

• Appropriate preventative measures or strategies should be in place (e.g. breeding for facial eczema resistance, rotational grazing, vaccination, hygiene), to reduce the likelihood of infectious and parasitic diseases and injury.
• People caring for animals must be able to recognise early signs of disease, distress or injury which can compromise welfare.
• Appropriate action must be taken when animals are sick or injured (treatment, separation from other animals, veterinary care, humane killing).

An example of a minimum standard that may be appropriate: 

People caring for animals must check regularly for early signs of disease, distress or injury which can compromise animal welfare (specify frequency according to species/environment/ circumstances).

A recommended best practice could suggest an increased frequency of checking. The general information section could specify the types of illness or indicators of disease to check for. 

A code could include a recommended best practice that animals be vaccinated for certain diseases. It should not be a minimum standard, unless it is carefully worded to ensure that it does not inappropriately infringe on alternative production methods (e.g. organic). Similarly, minimum standards should not specify that medication must be administered unless this can be justified as necessary to alleviate pain or distress, recognising that, for instance, organic farmers manage their stock in alternative ways.

It may be appropriate for codes of welfare to contain some information on signs of illness, indicators when veterinary advice should be sought or the animal humanely destroyed and common health problems and diseases. However, such information should be kept to a minimum, and, as a general rule, it may be best placed in the general information section. It should be placed in an Appendix if it runs to more than one page. Variations in the wording of minimum standards related to animal health will be necessary depending on the type of code. The zoo code, for example, may suggest recourse to veterinary care at an earlier stage than the beef cattle code.

Key principles:

• Minimum standards should deal in a general way with protective/prophylactic measures, recognition of the signs of illness or injury, and the appropriate treatment.
• Additional detail relating to aspects such as the signs of illness, indicators for veterinary treatment, and common illnesses can be included, probably most appropriately in the general information section, if short. Important information that is longer than one page should be placed in an Appendix.
• Be mindful of the impact of minimum standards on alternative production methods.

5.5 Shelter

Section 4 of the Act provides that adequate shelter is a fundamental obligation. This obligation is qualified by the provision that an assessment of what is "adequate" takes into account the species concerned, and the environment and circumstances of the animal. In some cases, it may be considered adequate for no shelter to be provided.

The provision of shelter for stock is not an easy one to address. Many paddocks do not provide any vegetation or artificial shelter or even variations in topography that would enable animals to shelter from bad weather.

Because of the qualifying phrase in section 4 (covered in the first paragraph above), it will not be necessary to provide shelter at all times for all animals. For example, cattle may not need shelter in winter in northern parts of New Zealand. However, shelter from hot sun is probably needed in summer for these same animals. The converse may be true for cattle in southern parts of New Zealand. The effect is that some form of shelter should probably be available in most areas in New Zealand where animals are held outdoors throughout the year.

As far as practical, animals in a person’s care or charge should be protected from adverse weather conditions, including climatic extremes, unseasonal changes and other factors causing cold or heat stress. Shade should be provided when cattle would otherwise suffer from heat stress. Where cold stress is likely, shelter (e.g. windbreaks, access to varied topography) and additional fodder should be provided. Cold stress is worsened by wind chill and wetting of the coat.

However, it is likely that some codes will not include minimum standards relating to shelter. For example, it may be desirable that extensively farmed animals have access to shelter, but this may not be feasible as a minimum standard. It could form a recommended best practice. Information on shelter could also be contained in a general information section. It is preferred that minimum standards relating to the provision of shelter are provided, at least for certain situations. For example, shelter should be available, under certain circumstances at least, for young and sick animals.

Possible examples of minimum standards:

Unicorns must be moved from flood prone areas when extreme flooding is likely, if time and conditions permit.

Temporary shelter for newborn unicorns must be provided when adverse weather conditions are expected.

Key principles:

• Codes should contain minimum standards relating to the provision of shelter, at least for certain species, environments and circumstances. For example, consider whether shelter should be provided for young and sick animals and in the case of extreme adverse weather conditions.

• Codes may contain recommendations for best practice relating to shelter.

• Codes that do not contain minimum standards relating to shelter should provide information on shelter in the general information section.

5.6 Surgical Procedures

Codes of welfare may cover the procedures and equipment used in the carrying out of surgical procedures on animals (section 69(f)).

The Act establishes several categories of surgical procedures, and does not provide exhaustive definitions. General understanding and the application of common sense will inform the debate of whether a particular procedure is "significant" (and therefore must only be performed by veterinarians). The Act provides, in particular cases of significant uncertainty or public concern, for the making of an Order in Council to clarify whether a certain procedure is significant. Codes of welfare must not contain minimum standards that undermine the provisions of the Act. Prohibitions on the performance of surgical procedures can only be made by the Act itself (e.g. section 21(2)(a) bans cropping the ears of a dog).

Minimum standards can specify the surgical technique that must be used. For example: "The following technique must be used when docking the tails of dairy cattle: a rubber ring is applied to the body of the vertebrae between the joints of the tail at a point not less than 5cm below the tip of the vulva in a cow". Consideration must be given as to whether such standards should be accompanied by a brief explanation of why this is the required method. Minimum standards may also be used to stipulate when a procedure, e.g. dehorning of cattle, must be undertaken: "Horn tips sometimes become ingrowing and must be removed before they penetrate the skin or the skull".

A code can set a minimum standard that requires a surgical procedure to be carried out by a vet (in non-controversial cases – see the paragraph below), or require a surgical procedure to be carried out under anaesthetic. A standard could also impose a restriction relating to age of the animal. These examples are not breaches of the "no prohibitions rule" because it relates to how a procedure is carried out and does not totally prohibit the carrying out of the procedure. Codes of welfare must complement rather than conflict with the provisions in the Act. The Act contains mechanisms to classify surgical procedures, including to clarify what only veterinarians can do in cases of significant uncertainty or public concern. Therefore, codes of welfare must not specify what procedures only a veterinarian can perform in cases where there is significant uncertainty or public concern. This is because such minimum standards would be inconsistent with section 6(2) and (6) which envisage that where the issue is of this type, it will be resolved by an Order in Council (a method of regulation made through a different process to codes of welfare).

It is undesirable for codes to contain unwieldy lists of surgical procedures. For example, an earlier draft of a species specific code specified under a section relating to embryo transfer: "Where surgical implants are to be done, a veterinarian must carry this out". MAF considers it is fairly clear and self-explanatory that embryo transfer is a major surgical operation that should only be performed by a veterinarian. In a case where a lay person had performed a.16
Guidelines for Drafting Codes of Welfare Ministry of Agriculture and Forestry surgical implant procedure on an animal, it is likely that they could be prosecuted for performing a significant surgical procedure in breach of section 21(1)(a) of the Act.

Key principles:

• Minimum standards cannot prohibit surgical procedures.
• Minimum standards can specify those procedures only a veterinarian can perform – except in cases of significant uncertainty or public concern as this would conflict with the mechanism provided in section 6. Further, codes of welfare should not contain long lists specifying which surgical procedures must be undertaken by a veterinarian only - it is not necessary to specify when common sense can be applied.
• Minimum standards can be set that relate to how surgical procedures must be performed, e.g. a particular technique or equipment to be used.
• Minimum standards can be set that relate to the timing of a procedure, e.g. "Horn tips sometimes become ingrowing and must be removed before they penetrate the skin or the skull".

6 Recommended Best Practice

The Act provides that codes of welfare may contain recommendations for best practice. 

Recommended best practice can be defined as:
The best practice agreed at a particular time, following consideration of scientific information and accumulated experience. It is a higher standard of practice than the minimum standard.

It is not optimal practice. It is based on current scientific knowledge and what is currently economically achievable, and takes society’s expectations into account. It is a practice that can be varied as new information comes to light.

Recommended best practices will be particularly appropriate where it is desirable to promote or encourage better care of animals than is provided as a minimum standard or required by the Act. Recommended best practices may also be appropriate in cases where it is difficult to determine an assessable standard.

The following is used as a possible example to illustrate the concept.

Stocking Densities for Unicorns

Minimum standard:
In intensive situations each unicorn must have at least 0.8 square metres of floor area available.

Recommended best practice:
In intensive situations each unicorn should have 1.0 square metre of floor area available.

It is expected that not all sections of codes of welfare will contain recommended best practices. In some cases, it may be considered that the best practice is what should apply as the minimum standard.

Key principles:

• Recommended best practices are a higher standard of practice than the minimum standard. They are agreed at a particular time, following consideration of scientific information and accumulated experience. It is not optimal practice.
• Not all sections of codes will contain recommended best practices..18
  Guidelines for Drafting Codes of Welfare Ministry of Agriculture and Forestry

Appendix A: Standing Order 382

382 DRAWING ATTENTION TO A REGULATION

1) In examining a regulation, the (Regulations Review) committee considers whether it ought to be drawn to the special attention of the House on one or more of the grounds set out in paragraph (2).

2) The grounds are, that the regulation:

1. is not in accordance with the general objects and intentions of the statue under which it was made;
2. trespasses unduly on personal rights and liberties;
3. appears to make some unusual or unexpected use of the powers conferred by the statute under which it is made;
4. unduly makes the rights and liberties of persons dependent upon administrative decisions which are not subject to review on their merits by a judicial or other independent tribunal;
5. excludes the jurisdiction of the courts without explicit authorisation in the enabling statute;
6. contains matter more appropriate for parliamentary enactment;
7. is retrospective where this is not expressly authorised by the empowering statue:
8. was not made in compliance with particular notice and consultation procedures prescribed by statute;
9. for any other reason concerning its form or purport, calls for elucidation.

Appendix B: Standard Preface & Introduction

Preface

The Animal Welfare Act 1999 came into force on 1 January 2000. It establishes the fundamental obligations relating to the care of animals. These obligations are written in general terms however. The detail is found in codes of welfare. Codes set out minimum standards and recommendations relating to all aspects of the care of animals. They are developed following an extensive process of public consultation and reviewed every 10 years, or sooner if necessary. As such, I am confident that they reflect the views and values held by New Zealanders with respect to the care of animals.

I recommend that all those who care for animals become familiar with the relevant codes. This is important because failure to meet a minimum standard in a code could lead to legal action being taken.

Codes are issued by me on the recommendation of the National Animal Welfare Advisory Committee. This committee comprises persons who have expertise in particular areas such as animal welfare, veterinary science, animals in research, agricultural science, the commercial use of animals and the ethical standards and conduct in respect of animals.

[Insert Comments by the Minister pertinent to this code.]

This Code of Welfare for … was issued by me, by a notice published in the Gazette on ……2000, under section 75 of the Animal Welfare Act 1999. This Code came into force on…………2000.

This code is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989 and is subject to the scrutiny of Parliament’s Regulations Review Committee

Hon Jim Sutton

1.1 History

The original Codes of Recommendations and Minimum Standards for the Welfare of Animals were prepared by the Animal Welfare Advisory Committee (AWAC), which was established in 1989 by the then Minister of Agriculture to advise him on matters concerning animal welfare. The codes were of a voluntary nature and had no legal standing under the Animals Protection Act 1960.

The Animal Welfare Act 1999 established the National Animal Welfare Advisory Committee (NAWAC) which replaced AWAC, and provided for the issue of codes of welfare with legal effect. One of the responsibilities of NAWAC is to advise the Minister on the content of codes of welfare following a process of public consultation.

1.2 Legal Status of Codes of Welfare

Codes of welfare are deemed to be regulations for the purposes of the Regulations (Disallowance) Act 1989. This means that they are subject to the scrutiny of the Regulations Review Committee¹

Codes of welfare contain minimum standards and may also contain recommended best practices. Only minimum standards have legal effect and this is in two possible ways:

• Minimum standards can be used to support a prosecution for an offence against the Act.
• A person who is charged with an offence against the Act can defend himself/herself by showing that he/she has equalled or exceeded the minimum standards. 

Recommendations for best practice set out standards of care and conduct over and above the minimum required to meet the obligations in the Act. They are included for educational and information purposes. Failure to meet a recommended best practice will not lead to legal action being taken. Any person or organisation aggrieved at the operation of a code of welfare has a right to make a complaint to the Regulations Review Committee, Parliament Buildings Wellington.

1.3 Obligations on Owners or People in Change of Animals 

The Act sets out three fundamental obligations relating to the care of animals. All those who own or are in charge of animals must:

• Ensure that the physical, health, and behavioural needs of animals are met in a manner that it in accordance with both good practice and scientific knowledge (section 10);
• Where practicable, ensure that when an animal is injured that it receives treatment that alleviates any unreasonable or unnecessary pain or distress being suffered by the animal (section 11); and
• Ensure that animals are killed in such a manner that the animals does not suffer unreasonable or unnecessary pain or distress (section 12(c)).

The Act defines the term "physical, health and behavioural needs" in relation to an animal as —"including:

1. Proper and sufficient food and water;
2. Adequate shelter;
3. Opportunity to display normal patterns of behaviour;
4. Physical handling in a manner which minimises the likelihood of unreasonable or unnecessary pain or distress;
5. Protection from, and rapid diagnosis of, any significant injury or disease, being a need, which, in each case, is appropriate to the species, environment, and circumstances of the animal" (section 4).

The minimum standards in a code set out the detailed actions that will enable the above obligations to be met.

1.4 Process for Code Development 

A draft code may be developed by anyone including NAWAC or the Minister. It is then submitted to NAWAC. Provided the draft meets criteria in the Act for clarity, compliance with the purposes of the Act, and prior consultation, NAWAC publicly notifies the code and calls for submissions. NAWAC is then responsible for recommending the form and content of the code to the Minister after having regard to the submissions received, good practice and scientific knowledge, available technology and any other relevant matters.

NAWAC may recommend draft standards that do not fully meet the obligations in the Act if certain criteria specified in the Act are met.

The Minister issues the code by notice in the Gazette.

1.5 Interpretation

Minimum standards are identified in the text by a heading and use the word "must" or similar words. They are highlighted in boxes within the text. They represent the minimum standards of care that are acceptable to New Zealand society.

Recommended best practice is identified by a heading and, generally, are "should" statements.

2 Code of Welfare for Commercial Slaughter – Background Information (draft example)

2.1 Scope

This code covers the welfare of the main animal species slaughtered commercially in New Zealand for meat or fur. "Commercial slaughter" means any slaughter that is undertaken for payment or a fee. It applies to the slaughter of:

• farmed mammals and birds to produce animal products for trade for human or animal consumption;
• farmed mammals and birds by homekill service providers listed under the Animal Products Act 1999;
• mammals in a wild state that are caught alive, taken into a person’s care and later killed;
• finfish, eels, crustacea (crayfish, crabs, prawns) landed alive, taken into a person’s care and held for killing at a later time or date (note that in circumstances where a marine animal is caught and there is no intention to keep that animal alive for later killing, then the Animal Welfare Act does not apply).

The code applies to those carrying out commercial slaughter or killing in a range of situations. Locations can include slaughterhouses, farms, restaurants and mobile slaughter facilities.

The purpose of the code is to assist those involved in commercial slaughter to identify animal welfare requirements. These requirements include:

• design and maintenance of facilities;
• care and handling prior to slaughter;
• restraint for slaughter;
• stunning;
• the act of slaughter;
• organisational systems to ensure compliance;

as appropriate to the species and circumstances.

It covers the welfare requirements from the time that an animal is delivered to, or placed under the control of the person or organisation carrying out the slaughter until the point where the animal is dead.

The welfare of animals killed for non-commercial purposes is covered by the code covering killing for non-commercial purposes.

2.2 Preparation and Revision of the Code

The draft was written by a working group established by NAWAC and was subsequently open to wide public consultation and comment. Responses were received from leaders and representatives of the (--------------------and from members of the general public).

Other codes that are relevant, and that are either being produced for the first time, or are in the process of being reviewed, include codes concerned with the transport of animals, bobby calves, beef cattle, welfare at sale yards and non-commercial slaughter. Where relevant these other codes should be consulted.

This code is based on the knowledge and technology available at the time of publication, and will be reviewed in the light of future advances and knowledge. In any event this code will be reviewed no later than ….. 2010 (being 10 years from the date on which this code was issued by the Minister).

Comments on the content are always welcome and should be addressed to the Secretary, National Animal Welfare Advisory Committee, PO Box 2526, Wellington. Further information can be obtained from the MAF website:www.maf.govt.nz/animalwelfare/.

2.3 Expiry of Existing Regulations and Standards 

The following regulations were repealed on the day that the commercial slaughter code came into effect:

• the Slaughter of Stock, Game and Poultry Regulations 1969;
• regulation 80(1) of the Game Regulations 1975 (which applied to farmed deer);
• IAIS 003.4 under Part 7 of the first schedule of the Fish Export Processing Regulations 1995 (which covered the approved method of killing lobsters and eels).

The code also replaced the following:

• the provisions on slaughter in Poultry Industry Processing Standard PIPS 5 Section 3;
• Section 8 of MAF Technical Directive 95/121 (in relation to the slaughter of captured possums).

2.4 Who Does the Code Apply to? 

Under the Animal Welfare Act the "owner" of an animal or the "person in charge" is responsible for meeting the legal obligations relating to animal welfare. In the case of commercial slaughter, the owner of the animal(s) places the animals in the care of others for the purpose of slaughter.

Accordingly, the obligations in this code will generally not apply to the owner. Rather, they will apply to the "person in charge" of the animals. In practice, the identification of the person in charge will depend on the minimum standard in question.

• Responsibility for meeting minimum standards relating to the provision, design and maintenance of the facilities and equipment, the allocation of operational responsibilities and the competence and supervision of performance of employees will lie with the person in charge of the slaughterhouse.
• Responsibility for meeting minimum standards during the operation of particular tasks (such as unloading, handling prior to slaughter, stunning, sticking etc) will lie with the person responsible for carrying out that particular task. That person is "in charge" of the animals at that particular point in time.

On-farm slaughter covered by this code (i.e. by commercial slaughterers), is usually undertaken by one person. That person is, therefore, responsible for meeting all the minimum standards relating to that type of slaughter within this code..24
Guidelines for Drafting Codes of Welfare Ministry of Agriculture and Forestry

2.5 Definitions and Terms

Not all of the following terms are used in this paper. Some are included as background information to assist understanding of the code.

Animal – is defined in the Animal Welfare Act. It:

1. Means any live member of the animal kingdom that is:
   
   1. a mammal; or
   2. a bird; or
   3. a reptile; or
   4. an amphibian; or
   5. a fish (bony or cartilaginous); or
   6. any octopus, squid, crab, lobster, or crayfish (including freshwater crayfish); or
   7. any other member of the animal kingdom which is declared from time to time by the Governor-General, by Order in Council, to be an animal for the purposes of this Act; and
2. Includes any mammalian foetus, or any avian or reptilian pre-hatched young, that is in the last half of its period of gestation or development; and
3. Does not include:
   
   1. a human being; or
   2. except as provided in paragraph (b) or paragraph (c) of this definition, any animal in the pre-larval, prehatched, larval, or other such developmental stage.

Listed homekill service provider – A person who, for reward, provides slaughter and/or processing services to animal owners who have been actively engaged in the day-to-day maintenance of the animal. These services can be provided at the service provider’s own premises or property or on the animal owner’s property. The service provider must be listed with MAF.

Regulated animal products – are subject to the risk management system under the Animal Products Act 1999 designed to ensure that the products are fit for human or animal consumption. These products can be traded.

Home kill products – are not subject to the Animal Products Act’s risk management system. Those who consume such products do so at their own risk. These products cannot be traded. Slaughterhouse – A fixed premise which may be operated either by an operator supplying regulated product under the Animal Products Act 1999 or by a listed homekill service provider supplying unregulated product.

Slaughter on farms or other properties - This covers all slaughter not carried out in a fixed slaughterhouse. It can occur:

• in a mobile slaughter unit; or
• in the field.

Large mammals - These include cattle (including bobby calves and white vealers), sheep, goats, pigs, deer and horses.

Small mammals – these include rabbits, mustelids and possums.

Appendix C: Defences

It is a defence in the prosecution of certain offences under the Animal Welfare Act 1999 if the defendant proves that there was in existence, at the time of the alleged offence, a relevant code of welfare and the minimum standards established by the code of welfare were in all respects equalled or exceeded. (Sections 13(2)(c), 24(b) and 30(2)(c))

The defence of equalling or exceeding the minimum standards established in a code of welfare applies to the following offences: Section 12(a) A person commits an offence who, being the owner of, or person in charge of, an animal, fails to comply, in relation to the animal, with section 10 (which provides that the owner of an animal, and every person in charge of an animal, must ensure that the physical, health, and behavioural needs of the animal are met in a manner that is in accordance with both good practice and scientific knowledge).

Section 12(b) A person commits an offence who, being the owner of, or person in charge of, an animal fails, in the case of an animal that is ill or injured, to comply, in relation to the animal, with section 11 (which provides that the owner of an animal that is ill or injured, and every person in charge of such an animal, must, where practicable, ensure that the animal receives treatment that will alleviate any unreasonable or unnecessary pain or distress being suffered by the animal).

Section 12(c) A person commits an offence who, being the owner of, or person in charge of, an animal kills the animal in such a manner that the animal suffers unreasonable or unnecessary pain or distress.

Section 21(1)(b) (1) A person commits an offence who, without reasonable excuse, acts in contravention of or fails to comply with section 15(4) (which provides that no person may, in performing on an animal a surgical procedure that is not a significant surgical procedure, perform that surgical procedure in such a manner that the animal suffers unreasonable or unnecessary pain or distress).

Section 22(2) A person commits an offence who fails, without reasonable excuse, to comply with any provision of subsection (1) (which provides that every person in charge of ship, vehicle or aircraft, and the master of, or if there is no master, the person in charge of, a ship being a vehicle, aircraft or ship in or on which an animal is being transported, must ensure that the welfare of the animal is properly attended to, and that, in particular, the animal is provided with reasonably comfortable and secure accommodation and is supplied with proper and sufficient food and water).

Section 23(1) A person commits an offence who, without reasonable excuse, confines or transports an animal in a manner or position that causes the animal unreasonable or unnecessary pain or distress.

Section 23(2) A person commits an offence who, being the owner of, or the person in charge of, an animal, permits that animal, without reasonable excuse, to be driven or led on a road, or to be ridden, or to be transported in or on a vehicle, aircraft or a ship while the condition or health of the animal is such as to render it unfit to be so driven, led, ridden or transported.

Section 29(a) A person commits an offence who ill-treats an animal.

Endnotes:

1 This is a Parliamentary select committee charged with examining regulations against a set of criteria and drawing to the attention of the House of Representatives any regulation that does not meet the criteria. Grounds for reporting to the House include: the regulation trespasses unduly on personal rights and freedoms, is not made in accordance with the general objects and intentions of the statutes under which it is made, or that it was not made in compliance with the particular notice and consultation procedures prescribed by statute.