Animal Welfare (Pigs) Regulations (No. 2) 2023

Animal Welfare (Pigs) Regulations (No. 2) 2023

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Animal Welfare Act 1993 .

B. BAKER

Governor

By Her Excellency's Command,

JO PALMER

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Animal Welfare (Pigs) Regulations (No. 2) 2023 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Animal Welfare Act 1993 ;

adult pig means a pig that is more than 9 months of age;

boar means an uncastrated male adult pig;

competent stockperson – see regulation 4 ;

direct supervision – see regulation 5 ;

drinker means –

(a) a cup that –

(i) is attached to a water line; and

(ii) has a lever or other device in it; and

(iii) is filled with water if pressure is applied to the lever or device; or

(b) a nipple that is attached to a water line;

farrowing crate means an enclosure in which –

(a) a sow is confined in anticipation of giving birth to piglets; and

(b) the sow remains confined during and after giving birth; and

(c) while the sow is so confined, the sow is unable to turn around within the enclosure;

lactating sow means a sow that has given birth and is producing milk to feed her piglets or any piglets being fostered by the sow;

mated gilt means a young female pig that has been mated but has not had her first litter and has not had a pregnancy confirmed;

pen means an enclosure in which a pig is able to turn around and move freely;

pig means an animal of the genus Sus, including the species Sus scrofa domestica;

sow means –

(a) a female adult pig that has had one or more litters; or

(b) a mated gilt with a confirmed pregnancy;

stall means an enclosure, other than a farrowing crate –

(a) that is used to confine a pig; and

(b) that the pig is unable to turn around in.

4.   Meaning of competent stockperson

In these regulations, a competent stockperson is a person who –

(a) holds a tertiary qualification in veterinary science or agriculture; or

(b) holds –

(i) a Certificate III in Pork Production or a Certificate III in Agriculture; or

(ii) a qualification that the Minister determines is equivalent to that certificate; or

(c) has, for a period of at least 12 months, cared for pigs kept for commercial purposes and is able to provide evidence, to the satisfaction of the Minister, of practical training and experience in all of the following areas:

(i) moving and handling pigs;

(ii) inspecting and assessing the health and wellbeing of pigs;

(iii) carrying out vaccinations and other health treatments in accordance with regulation 12 ;

(iv) carrying out husbandry procedures in accordance with regulation 13 ;

(v) humane destruction of pigs in accordance with regulation 16 ;

(vi) maintaining records of inspections and assessments of pigs.

5.   Meaning of direct supervision

In these regulations, a person (the supervised person) is acting under the direct supervision of a competent stockperson if the competent stockperson –

(a) is on the same premises as the supervised person while the supervised activity is being undertaken; and

(b) provides instructions and guidance to the supervised person in relation to the supervised activity; and

(c) oversees and evaluates the performance of the supervised activity by the supervised person including conducting regular personal progress checks on the performance of the activity; and

(d) is able to render assistance immediately to the supervised person, if required, at any time during which the supervised activity is being undertaken.

PART 2 - Pigs Generally

6.   Pigs to be cared for by skilled and competent persons

A person who keeps pigs for commercial purposes must ensure that the pigs are cared for by –

(a) a competent stockperson; or

(b) a person who is acting under the direct supervision of a competent stockperson.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

7.   Pigs to be inspected daily

(1)  Subject to subregulation (2) , a person who keeps pigs must ensure that the pigs are inspected at least once each day to ensure the general health and wellbeing of the pigs.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(2)  An inspection of pigs under subregulation (1) must be performed by a competent stockperson if the pigs being inspected are kept for commercial purposes.

8.   Tethering of pigs prohibited

A person must not tether a pig or cause or allow a pig to be tethered.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

9.   Use of electric prodders prohibited

(1)  In this regulation –

electric prodder means a handheld device used to deliver an electric shock.

(2)  A person must not use an electric prodder on a pig, or cause or allow another person to use an electric prodder on a pig, except in accordance with the Animal Welfare (Transport of Livestock) Regulations 2023 .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

10.   Boars

(1)  In this regulation –

exercise includes mating or other activities associated with breeding.

(2)  A person who keeps a boar in a stall must release the boar from the stall at least 2 times each week for adequate exercise.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(3)  A person who keeps boars must ensure that any boars that are run in groups are monitored daily to ensure that there is no aggression between boars or injury to an animal.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

11.   Risk management system required

(1)  In this regulation –

risk management system, in relation to the keeping of pigs, means a system of documented strategies and procedures for identifying, monitoring, mitigating and effectively managing hazards to – 

(a) the pigs; and

(b) the pigs’ food and water supply; and

(c) the systems that control the temperature and ventilation of the pigs’ environment.

(2)  A person who keeps more than one pig must keep a written, or electronic, record of all risk management strategies and procedures in place to ensure the welfare of the pigs in the person's care or control.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(3)  Without limiting subregulation (2) , a risk management system is to specify strategies and procedures to ensure that –

(a) all mechanical equipment necessary to provide food and water to the pigs, and to control the temperature and ventilation of the pigs' environment, is inspected daily; and

(b) an alternative means of providing food and water and controlling the temperature and ventilation of the pigs' environment is in place in the event of a breakdown of the mechanical equipment referred to in paragraph (a) ; and

(c) heat-distressed pigs are identified and cooled down appropriately in the circumstances; and

(d) appropriate written instructions are given to workers; and

(e) forms, for recording the completion of tasks, are completed to allow for an audit of the risk management system.

PART 3 - Health and Monitoring

12.   Vaccinations and other health treatments to be administered by competent persons

(1)  In this regulation –

health treatment means a treatment consisting of the administration of any medication, whether orally, by injection, by topical application or by other means, other than the administration of medication by –

(a) application to the external body surface of the pig; or

(b) oral means that do not require oesophageal intubation of the pig for the medication to be administered.

(2)  A person who keeps pigs must not allow a vaccination or other health treatment to be administered to one of those pigs unless it is administered by –

(a) a veterinary surgeon; or

(b) a competent stockperson who is experienced in the administration of the vaccination or the relevant health treatment; or

(c) a person who is acting under the direct supervision of a person referred to in paragraph (a) or (b) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

13.   Husbandry procedures to be carried out by competent persons

(1)  In this regulation –

elective husbandry procedure means –

(a) castration; or

(b) tail docking; or

(c) clipping of needle teeth; or

(d) nose ringing; or

(e) marking for the purpose of permanent identification; or

(f) back fat measurement; or

(g) pregnancy diagnosis; or

(h) tusk trimming.

(2)  A person who keeps pigs must not cause or allow an elective husbandry procedure to be performed on one of those pigs unless it is performed by –

(a) a veterinary surgeon; or

(b) a competent stockperson who is experienced in performing the relevant elective husbandry procedure; or

(c) a person who is acting under the direct supervision of a person referred to in paragraph (a) or (b) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

14.   Sterilisation to be performed with anaesthesia

(1)  In this regulation –

sterilisation procedure means surgery performed for the purpose of rendering a pig infertile;

veterinary student has the same meaning as in the Veterinary Surgeons Act 1987 .

(2)  A person who keeps pigs must not cause or allow a sterilisation procedure to be performed on a pig unless the procedure –

(a) is performed under anaesthesia; and

(b) is performed by –

(i) a veterinary surgeon; or

(ii) a veterinary student who is acting under the direct supervision of a veterinary surgeon.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(3)  Subregulation (2) does not apply to a sterilisation procedure performed by a veterinary surgeon, or a competent stockperson, on a male pig that is 21 days old or younger.

15.   Herd health program required

(1)  In this regulation –

herd health program, in respect of more than one pig kept together, means a documented management program that identifies potential health risks to the pigs and provides for relevant action to be taken to prevent or minimise those risks.

(2)  A person who keeps more than one pig must ensure that a herd health program is in place to manage biosecurity risks associated with those pigs.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

16.   Humane destruction of pigs

(1)  A person who keeps pigs must not cause or allow a pig to be destroyed under these regulations unless the destruction is carried out humanely by –

(a) a veterinary surgeon; or

(b) a competent stockperson who is suitably trained in the humane destruction of pigs; or

(c) a person who is acting under the direct supervision of a person referred to in paragraph (a) or (b) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(2)  It is a defence in proceedings for an offence under subregulation (1) if the defendant establishes that –

(a) the pig was humanely destroyed; and

(b) it was not possible to find a veterinary surgeon or competent stockperson within a reasonable time; and

(c) the delay waiting for a veterinary surgeon or competent stockperson would have caused undue suffering to the pig.

(3)  For the purposes of this regulation, a pig is humanely destroyed if –

(a) the pig is rendered suddenly unconscious; and

(b) the death of the pig occurs while it is unconscious.

17.   Diseased or injured pigs to be under veterinary care or humanely destroyed

A person who keeps pigs must ensure that, if a pig in that person's care or charge has an incurable illness or disease, serious injury or painful deformity, the pig –

(a) is provided with appropriate veterinary care; or

(b) is humanely destroyed in accordance with regulation 16 .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

18.   Piglets to be checked to ensure suckling

(1)  In this regulation –

appropriate substitute, for colostrum, means –

(a) a commercially prepared colostrum substitute or replacer designed specifically for pigs; or

(b) a substitute that has been recommended for piglets by a veterinary surgeon.

(2)  A person who keeps pigs must ensure that all piglets under the person's care or charge are checked, within 24 hours of birth, to ensure that they are suckling from the sow.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(3)  A person who keeps pigs must ensure that any piglet under the person's care or charge receives colostrum or an appropriate substitute within 24 hours of its birth.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

19.   Weaners to be fed twice a day

(1)  In this regulation –

weaner means a pig that has been weaned from the sow and weighs less than 30 kilograms.

(2)  A person who keeps pigs must ensure that any weaner under the person's care or charge is provided with, and has access to, feed at least twice each day.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

PART 4 - Accommodation

20.   Accommodation to provide sufficient shelter and protection

A person who keeps pigs must ensure that the pigs are housed in accommodation that is constructed and maintained to provide sufficient protection for the pigs from injuries, predators and adverse weather.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

21.   Accommodation with automatic ventilation system

(1)  In this regulation –

automatic forced-ventilation environment system means a fully enclosed system that provides ventilation by means of electric fans.

(2)  A person who keeps pigs in accommodation that uses an automatic forced-ventilation environment system must ensure that –

(a) the system –

(i) has a secondary source of power that operates automatically in the event of a failure of the primary source of power; and

(ii) has a mechanism that alerts a person to the failure of the primary source of power; and

(b) the accommodation is able to be opened up manually to provide sufficient natural ventilation for the pigs.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

22.   Accommodation with natural ventilation

(1)  In this regulation –

automatic equipment to provide natural ventilation means a system that provides natural ventilation by means of shutters or fans that are controlled automatically by temperature sensors.

(2)  A person who keeps pigs in accommodation that relies on automatic equipment to provide natural ventilation must ensure that the accommodation is inspected at least twice each day to check that that equipment is functioning properly.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(3)  A person who keeps pigs in accommodation that relies on automatic equipment to provide natural ventilation must ensure that the accommodation is –

(a) fitted with –

(i) an effective alarm system to alert personnel to a power or mechanical failure of that equipment; or

(ii) alternative ventilation equipment that functions automatically in the event of a power or mechanical failure of the automatic equipment; and

(b) able to be opened up manually to provide sufficient natural ventilation for the pigs.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

23.   Accommodation to be kept clean

A person who keeps pigs must not allow excreta to accumulate in the pigs' accommodation to the extent that –

(a) there is no clean area for the pigs to lie down; or

(b) the health or wellbeing of the pigs is affected.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

24.   Equipment to be maintained and inspected

(1)  A person who keeps pigs must ensure that all mechanical equipment that is necessary –

(a) for the provision of food and water to the pigs; and

(b) to control the temperature and ventilation of the pigs' environment –

is inspected daily and maintained in good working order.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(2)  A person who keeps pigs must ensure that any equipment that a pig may have access to is designed and maintained to minimise, as far as is possible, risk of injury or death to the pig.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

25.   Electrical systems to be out of reach of pigs

A person who keeps pigs must ensure that electrical installations at mains voltage are –

(a) properly earthed; and

(b) inaccessible to the pigs.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

26.   Confinement of sows to stalls prohibited

(1)  In this regulation –

reproductive cycle, of a sow, means the period commencing at oestrous and ending immediately before the sow is next in oestrous.

(2)  A person must not keep a female pig in a stall except in accordance with a specific direction, made in respect of the female pig, by a veterinary surgeon.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 50 penalty units.

(3)  Subregulation (2) does not apply in relation to a female pig –

(a) if the pig is kept in a stall, for the purpose of mating –

(i) for a period of not more than 5 consecutive days following each mating; and

(ii) for no more than a total of 10 days in each reproductive cycle; or

(b) if the pig is kept in a stall, for one or more of the following purposes, for a period of not more than 3 hours a day in total:

(i) feeding;

(ii) vaccination or other animal husbandry procedure;

(iii) cleaning of the pen normally used to house the pig.

(4)  A person who keeps a female pig in a stall, other than in accordance with subregulation (3)(b) , must make a record, and retain the record for a period of at least 5 years, of the following information:

(a) information that identifies the female pig kept in the stall;

(b) the reason why the female pig was kept in the stall;

(c) the dates and times on and at which the female pig was kept in the stall.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 50 penalty units.

27.   Stalls &c. to be designed to prevent aggression between pigs

A person must not keep a pig in a stall or a farrowing crate unless the stall or crate is designed, positioned and managed, so far as is reasonably possible, to prevent aggression between pigs.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

28.   Confinement of sows to farrowing crates restricted

(1)  In this regulation –

emergency fostering means the fostering by a sow of another set of piglets, soon after she has raised her own, that is required due to the death or incapacity of another sow;

gestational cycle, of a sow, means the period commencing at the time when the sow is mated and ending immediately before the sow is mated again after the sow's piglets have been weaned.

(2)  A person must not, during any one gestational cycle of a sow, keep the sow in a farrowing crate – 

(a) if the sow is not providing emergency fostering, for more than a 42-day period that commences when the sow is confined in anticipation of farrowing and ends at whichever of the following occurs first:

(i) the expiry of the 42-day period;

(ii) the weaning of all the piglets in the litter; or

(b) if the sow is providing emergency fostering, for more than a 56-day period that commences when the sow is confined in anticipation of farrowing her own litter and ends at whichever of the following occurs first:

(i) the expiry of the 56-day period;

(ii) the weaning of all the piglets in the litter being fostered.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(3)  A person must not, during any one gestational cycle of a sow, require the sow to provide emergency fostering for more than one additional litter.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(4)  A sow that is providing emergency fostering must be provided with additional care and attention, such as increased nutrition and a higher level of supervision, to ensure that the sow maintains good health for the duration of the emergency fostering.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

PART 5 - Minimum Space Requirements

29.   Minimum space requirements for pigs generally

(1)  In this regulation –

Model Code means the Model Code of Practice for the Welfare of Animals: Pigs, 3rd Edition, Primary Industries Standing Committee Report No. 92 (2008), as amended or substituted from time to time;

type of pig means the type of pig as determined under the Model Code.

(2)  A person who keeps pigs must ensure that the area in which each pig is kept is at least the minimum floor area specified for that type of pig in the Model Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

30.   Minimum space requirements for sows in farrowing crates

A person must not keep a lactating sow in a farrowing crate unless the farrowing crate –

(a) allows adequate room –

(i) for the sow to stand, lie down and get up without being obstructed by bars or fittings; and

(ii) for the sow to lie down with all limbs fully extended without being obstructed by bars or fittings; and

(iii) for the sow to give birth to and care for piglets without being obstructed by bars or fittings; and

(iv) for piglets to suckle when the sow is lying on either side of her body; and

(v) for the sow to have unobstructed and easy access to feed and water; and

(b) is designed to minimise the risk of the sow lying on piglets which could result in piglets being crushed, trapped or otherwise injured.

Penalty:  In the case of – 

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

31.   Minimum space requirements for pigs kept in stalls

(1)  A person must not keep a pig in a stall unless the stall allows adequate room for the pig to –

(a) stand, lie down and get up without being obstructed by bars or fittings; and

(b) lie down with all limbs fully extended without being obstructed by bars or fittings; and

(c) stand up without simultaneous contact with both sides of the stall; and

(d) lie down without simultaneous contact with the front and back ends of the stall; and

(e) feed while standing without contact with bars along the top of the stall.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

(2)  A person must not keep a pig in a stall unless –

(a) the pig has easy access to –

(i) a food trough; and

(ii) either a water trough or a drinker; and

(b) the placement of the food trough and water trough, or food trough and drinker, does not interfere with the pig's ability to freely stand, stretch and lie down in the stall.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units.

PART 6 - Miscellaneous

32.   Infringement notices

For the purposes of the Act, the applicable penalty for an infringement notice issued in respect of an offence specified in column 1 of the table in Schedule 1 is –

(a) in the case of an infringement notice issued to an individual, the penalty specified in column 2 of that table for the offence; and

(b) in the case of an infringement notice issued to a body corporate, the penalty specified in column 3 of that table for the offence.

33.   Expiry of regulations

These regulations expire 2 years after they take effect, inclusive of the day on which they take effect.

34.   Legislation rescinded

The legislation specified in Schedule 2 is rescinded.

SCHEDULE 1 - Infringement notices

Regulation 32

SCHEDULE 2 - Legislation rescinded

Regulation 34

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 12 July 2023

These regulations are administered in the Department of Natural Resources and Environment Tasmania.