Impact of Welfare Legislation

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BVSc Year 1 (Animal Management) Flashcards on Impact of Welfare Legislation, created by Florence Edwards on 03/18/2016.
Florence Edwards
Flashcards by Florence Edwards, updated more than 1 year ago
Florence Edwards
Created by Florence Edwards over 6 years ago
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Question Answer
Define law A rule established in the community by authority or custom
Define legislation Law making and the body of law
Define statute A specific law passed by a legislative body
Define offence An act contrary to the law
Define defendant A person accused of an offence in a court of law
Define claimant/ complainant/ plaintiff A person or body bringing action in a court of law
What is meant by the 'burden of proof'? Whether verdict is decided based on balance of probability or 'beyond reasonable doubt'
Who is responsible for animal welfare at markets? Welfare in transport responsibility of transporter e.g. illegal to transport sick animals Welfare of animals responsibility of farmer Conditions in market responsibility of market owner
Why is there little incentive for farmers to stop transporting sick animals? Financial gain for transporting animal to slaughterhouse but costly to treat or shoot and dispose of on farm
What is a prescriptive law? States what must be provided, for example The Laying Hens EU Directive
What is a prohibitive law? States what cannot be done, for example The Animal Welfare Act
What is a cost/benefit law? Assesses whether reasonably expected benefit is justified by the harm caused, for example The Animals Scientific Procedures Act 1986
Give an example of an exception to The Laying Hens EU Directive Does not apply to establishments with fewer than 350 laying hens
Give an example of an exception to The Animal Welfare Act 1966 (USA) Does not apply to farmed animals
Give an example of an exception to The Agriculture (Miscellaneous Provisions) Act Applies only to farmed livestock on agricultural land
Which legislation protects working dogs on farms? The Agriculture (Miscellaneous Provisions) Act
Give 5 guidelines for the transport of animals with hernias Skin surface must not be broken Animal must be able to walk Animal must not be pyrexic Animal must be eating Size guidelines often provided by slaughterhouse above which they will not be accepted
How is the offence tested for the Wild Mammals Protection Act? In terms of intention of defendant - must have intended to inflict suffering
What are the 3 legal tests for The Protection of Animals Act 1911? Did suffering occur? Was the suffering necessary? Would a reasonably competent, reasonably compassionate person of similar status have taken the same action?
Can prolapsed cows be transported? No
Can cows with a uterus swollen due to accumulation of amniotic fluid be transported? No
What are 2 prohibitions in The Welfare of Animals Transport Order? Offence to transport an animal which is: Likely to give birth during transport Has given birth within the last 48 hours
Give an example of where the law can change very rapidly Disease outbreak e.g. Foot and Mouth Disease Order
Are guidance documents and Codes of Practice legally enforced? No - may be used in interpretation of law but failure to comply does not constitute an offence
What are the recommended DEFRA stocking densities for broiler chickens? 34 kg per square metre
What is the stocking density required for broiler chickens to be free range marketed? 30 kg per square metre
Which animals are included by the Welfare of Farmed Animals (England) Regulations? Any animal, including fish, reptiles and amphibians bred or kept for production or other farming purposes
Why can effectiveness of legislation be limited? Responsibility for enforcement often spread between government departments, reducing coordination
What is meant by power of seizure? Defendants keep ownership of animal during proceedings
What is meant by prohibition of ownership? Convicted party permitted to retain animals
What is meant by prohibition of care? Ownership of animal may be transferred but care is still by convicted party
Give 5 possible penalties for breaching animal welfare law Monetary fine Imprisonment Prohibition of ownership Prohibition of care Prohibition of production
Why can monetary fines be disadvantageous in promoting animal welfare? Result in difficulty affording care of animals
Who can slaughter an animal according to the Welfare of Animals (Slaughter or Killing) Regulations Any person may kill a farmed animal if, for emergency reasons relating to the welfare of the animal, he/she has to kill that animal immediately
Give 4 reasons why animal welfare legislation may be poorly enforced Limited resources Variable enforcement Enforcement body shares interests with those policed Authority has only limited power to stop, search, seize and detain
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