Animal welfare has surpassed food safety as the primary concern among the public. This shift in focus is driven by the rise of veganism and a political agenda that emphasizes closer examination of UK animal welfare standards.
While the Food Standards Agency (FSA) maintains a constant presence at abattoirs, farms are not exempt from official visits. Trading Standards may conduct unexpected inspections on farms based on reports from the public or organizations such as the RSPCA.
When facing an allegation of an animal welfare breach, it is crucial to remain calm and prepared, as official visits to check compliance will be prompt and thorough. Given the increasing number of reports and the inconsistent interpretation and enforcement of regulations by Trading Standards, understanding the process and seeking legal support at the right time can ensure the best outcome.
What to expect and what to do if Trading Standards visits
If a report alleges unnecessary or avoidable pain, distress, or suffering – which is a criminal offense – Trading Standards will typically conduct an unexpected visit as soon as possible. A Trading Standards Officer (TSO) will request to see the animals and may be accompanied by a veterinarian for assessment. Refusal of entry may be seen as obstructing an officer, a criminal offense.
During the visit, the TSO will inspect the animals, their environment, including buildings and fields, as well as livestock transport. Records of movement, veterinary care, and medication will also be checked.
For farmers present during the visit, it is important to accompany the TSO and contact a veterinarian to join the inspection. If no one is available, a vet should attend the farm as soon as possible after the visit to provide contemporaneous evidence of the animals’ condition.
Taking photographs and videos during the visit can also serve as timely evidence of the animals’ condition and environment.
All documents provided by the TSO during the visit should be kept, and copies made before handing them over if requested. It is advisable to make a contemporaneous note of everything said and done during the visit or make a written record immediately afterward.
Key pointers for a visit
Here are some key recommendations to follow during a visit:
- Ensure necessary checks and procedures are in place, supported by proper paperwork.
- Ensure all relevant documents are in order.
- Stay calm and cooperative during the visit, regardless of its apparent necessity.
- Engage with the TSO and avoid being obstructive.
- Contact a veterinarian to attend the visit or as soon as possible afterward, even if the visit seems to have gone well or the TSO implies no problem.
- Maintain a contemporaneous record of the visit, including notes, photographs, and video evidence.
The aftermath of a Trading Standards visit
Following a visit, farmers will receive a letter confirming the inspection findings. Sometimes, this letter repeats what the TSO has written during the visit, while other times, it includes unexpected points. Enforcement action will be taken if the TSO deems it necessary.
Local authorities have various enforcement powers depending on the severity of the alleged animal welfare issue. For minor breaches, the TSO issues a statutory notice outlining necessary steps to improve animal welfare. In more serious cases, the local authority can seize animals, seek a court order for ownership transfer, or initiate prosecution. Successful prosecution may result in consequences such as the loss of animals, a ban on animal possession, fines, or even a custodial sentence.
The most common alleged welfare breaches on farms involve poor or inadequate nutrition, insufficient care, or inadequate housing conditions. Claims of inadequate housing often arise from using outdated sheds in violation of current regulations.
The future of animal welfare
Although the Animal Welfare (Kept Animals) Bill was dropped, the provisions it contained will be introduced separately under individual pieces of legislation. However, there is currently no timeline for these changes. In the meantime, farmers should make use of the government’s Animal Health and Welfare Pathway, which aims to facilitate gradual and continual improvement in farm animal health and welfare.
