250-RICR-40-05-5
250-RICR-40-05-5. Rules and Regulations Governing Livestock Welfare (version Technical Revision, 12/13/2016 to 01/04/2022)
5.1 Purpose
The purpose of this document
is to provide minimum standards for the humane treatment and care of
livestock with the State of Rhode Island.
5.2 Authority
These Rules and Regulations
are promulgated pursuant to the authority of R.I. Gen. Laws §§
42-17.1-2(19) and 42-17.1-4(3), and in accordance with the procedures
set forth in the Rhode Island Administrative Procedures Act, R.I.
Gen. Laws Chapter 42-35. These Rules and Regulations are also
promulgated with the advice and consent of the Rhode Island Livestock
and Welfare Standards Advisory Council pursuant to R.I. Gen. Laws §§
4-26-5(1), 4-26-5(3) and 4-26-3(7) of The Rhode Island Livestock and
Welfare Standards Advisory Council Act of 2012.
5.3 Applicability
The terms and provisions of
these Rules and Regulations shall be liberally construed to permit
the Department to effectuate the purpose of state law, goals, and
policies. These Rules and Regulations shall apply to any person or
entity that keeps, owns, holds, possesses, transports, or houses
livestock within the state.
5.4 Severability
If any provision of these
Rules and Regulations, or application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction,
the validity of the remainder of the Rules and Regulations shall not
be affected thereby.
5.5 Administrative Findings
The Department finds that the
citizens of the state are generally concerned with the welfare of all
animals within the state. The Department also finds that the
citizens of the state generally favor the development of an
administrative process for the Department to ensure the welfare of
the animals within the state. The Department promulgated Rules and
Regulations governing animal care facilities in 2015 to address the
welfare of pet type animals being kept in commercial facilities.
However, there is a lack of administrative oversight related to the
minimum standards of care for livestock; animals that are also kept
for commercial purposes. Therefore, the Department seeks to
establish minimum care standards for livestock within the state
consistent with the recommendation received by the Department from
the Rhode Island Livestock and Welfare Standards Advisory Council.
These Rules and Regulations will serve as guidance for animal
caretakers as well as a means of enforcement to ensure that livestock
species are being properly cared for.
5.6 Definitions
A. Wherever used in these
Rules and Regulations the following terms should be construed as
follows:
1. “Ambulatory disabled”
means livestock capable of walking but with a physical impairment
that severely limits or threatens their ability to walk.
2. “Body condition” means
the range from emaciated to obese and is useful to assess the
adequacy of the nutritional program and health status of an animal by
evaluating the animal’s body fat and/or muscle mass in relationship
to its skeletal dimension and its stage of production.
3. “Breeding/gestation
stall” means any configuration in which a mature porcine animal is
continuously housed, that does not allow it to turn around and freely
enter or exit. This term does not apply to farrowing crates or
stalls.
4. “Breeders” means
livestock raised to perpetuate progeny.
5. “Broilers” means
chickens raised for meat.
6. “Cage-free housing
system” means a housing system where the egg laying hens are not
exclusively housed in a cage. This includes, but is not limited to
free-range pasture, aviaries, fixed houses, portable houses, pasture
pens, and integrated systems.
7. “Cage housing systems”
means one of the following egg laying hen housing systems:
a. “Conventional battery
cage system” means a housing system in an enclosed or open-sided
building where the layer is maintained in a cage, and which meets the
conditions set forth in § 5.8(F)(3)(f) of this Part; and,
b. “Enriched cage system”
means a housing system that provides features in addition to feed and
water, such as areas for nesting, scratching, perching and/or dust
bathing.
8. “Conditioning” means
the trimming of the beak or the partial/complete removal of the
snood, comb, toe nail, and dewclaw for the purpose of prevention of
injury during the growth or maturity of poultry.
9. “Conditioning fighting
teeth” means the partial/complete removal of the fighting teeth of
camelids above the gum line for the purpose of preventing injury.
10. “Distress” means the
condition that occurs when livestock are injured, sick, or in pain.
11. “Equine” means horses,
ponies, mules and donkeys.
12. “Euthanasia” means the
causing of humane death, through the rapid loss of consciousness
followed by cardiac and respiratory arrest and the ultimate loss of
brain function.
13. “Existing facility”
means all buildings or structures that currently house livestock
utilizing any housing system as of the effective date of the
standards.
14. “Extralabel drug use”
or "ELDU" means the use of an approved drug in a manner
that is not in accordance with the approved labeling, yet meets the
conditions set forth by the Animal Medicinal Drug Use Clarification
Act of 1994 (AMDUCA) and the United States Food and Drug
Administration (FDA) and a
Valid-Veterinary-Client-Patient-Relationship (VCPR) is required.
15. “Farrowing crate” or
“farrowing stall” means an enclosure in which a pregnant porcine
animal is placed in the peri-parturient period until the weaning of
the piglets.
16. “Fatigued swine” means
swine that have temporarily lost the ability to walk but have a
reasonable expectation to recover full locomotion with rest.
17. “Fighting teeth” means
up to three teeth on either side of the mouth (six teeth maximum)
which include only the upper incisor (most forward upper tooth) and
the upper and lower canine teeth.
18. “Housing” means the
physical area or location which is occupied by livestock.
19. “Humane” means the
care and handling of livestock that seeks to minimize distress
through utilization of the standards established by this document.
20 “Layers" or egg
laying hens” means female chickens that have reached sexual
maturity as demonstrated by egg production.
21. "Livestock"
means any bovine, equine, caprine, ovine, camelid, swine, poultry, or
other animal that is raised for production of food or fiber, or is
used for work, commerce, or exhibition; excluding canines, felines,
reptiles, amphibians, fish, rodents, and rabbits, except those
rabbits that are raised for food or fiber.
22. “Management” means
practices and procedures performed on livestock for the purpose of
achieving production goals. Such practices and procedures include,
but are not limited to breeding, weaning, sorting, culling,
relocating, assessing, administration of vaccines, castration,
dehorning, and identification.
23. “Non-ambulatory
disabled” means livestock that cannot rise from a recumbent
position or that cannot walk.
24. “Pain” means an
unpleasant physical sensation occurring in varying degrees of
severity as consequence of injury, disease or from a medical or
management procedure.
25. “Pain management”
means the use of medications by or under the direction of a Rhode
Island licensed veterinarian for the mitigation of pain during and
following any management procedure that results in pain.
26. “Poultry flock” means
a grouping of more than one poultry animal, which may be raised for
egg production, meat, and/or breeders.
27. “Poultry” means
turkeys, chickens, ducks, geese, or other fowl, both male and female,
including layers, broilers and turkeys.
28. “Pullet” means young
female chickens prior to sexual maturity.
29. “Quality assurance"
means steps taken by the responsible party to ensure safe, wholesome
and high quality products.
30. “Responsible party”
means a person of legal age who is the owner of the livestock and/or
a person who has current responsibility or custody of the livestock.
31. “Restraint” means the
use of physical or chemical means that temporarily render an animal
unable to freely move, and that are used for the purpose of capture
or as an aid in the performance of acceptable management, husbandry,
or veterinary procedures.
32. “Slaughter” means the
killing of animals for the purpose of consuming the animal as food or
animal feed. Slaughter is distinctly different from euthanasia.
Slaughter must be conducted in compliance with R.I. Gen. Laws §
4-17-1 et seq . entitled Humane Slaughter of Livestock, and all
applicable federal regulations.
33. “Veal” means a young
bovine animal sold for slaughter at or under 750 pounds, and raised
for the purpose of veal meat production including:
a. "Special fed veal"
means calves that are fed a milk-based liquid diet throughout the
feeding period;
b. "Grain fed veal"
means calves that are raised on a feed program beginning with a
milk-based liquid diet and may include hay, pasture or other
processed feeds; and,
c. "Bob veal" means
calves that are fed a milk-based liquid diet and generally marketed
at less than three weeks old and weighing less than 150 pounds.
34. "Veterinarian/client/patient
relationship" means a relationship where all of the following
conditions have been met:
a. The veterinarian has
assumed the responsibility for making medical judgments regarding the
health of the animal or animals and the need for medical treatment,
and the client has agreed to follow the instructions of the
veterinarian.
b. The veterinarian has
sufficient knowledge of the animal or animals to initiate at least a
general or preliminary (e.g. tentative) diagnosis of the medical
condition of the animal or animals. This means that the veterinarian
has recently seen and is personally acquainted with the keeping and
care of the animal or animals, and/or by medically appropriate and
timely visits to the premises where the animal or animals are kept.
c. The veterinarian is readily
available for follow-up in cases of adverse reactions or failure of
the regimen of therapy.
5.7 General Requirements
A. The general requirements
for the care and welfare of all types of livestock as well as
specific types of livestock as listed below. The general
requirements are as follows:
1. Feed and water. Livestock
must receive feed and water of sufficient quantity and quality on a
regular basis so as to help ensure maintenance of normal body
condition and/or growth.
2. Management
a. Livestock housing, handling
facilities and equipment must be designed and maintained so as to
minimize bruising and injury.
b. When using handling,
sorting or other devices to move livestock or for initial diagnostic
evaluation, the devices must be used humanely. Use of such devices
must be restricted to the minimal amount of use to move the livestock
and they must be used in a manner to minimize pain and excitement of
the animal(s), and must not cause injury to the animal(s).
c. When restraint of livestock
is required, it must be minimal in degree and duration, and it must
minimize the potential for injury.
d. Only hand held
battery-operated electric prods of 50 volts or less can be used to
facilitate movement of livestock as described in § 5.7(A)(2)(b) of
this Part. Electric prods must not be used:
(1) On poultry;
(2) On alpacas, llamas and
equine, unless by or under the order of a Rhode Island licensed
veterinarian;
(3) On calves less than 200
pounds of body weight;
(4) On swine less than 35
pounds of body weight;
(5) In sensitive areas
including the eyes, ears, nose, vulva, anus, udder, or testicles;
and,
(6) On non-ambulatory disabled
livestock, unless by or under the order of a Rhode Island licensed
veterinarian.
e. The responsible party shall
not maliciously or recklessly throw, drop, or drag livestock. If the
animal’s position does not permit lifting or another method of
movement, dragging an ambulatory disabled or non-ambulatory disabled
livestock the minimum distance to allow movement by another method is
permitted.
f. The responsible party must
not pick up and/or carry livestock by the ears and tails or pull legs
in positions or directions which would cause distress.
g. Livestock Management
Procedures must be performed humanely.
3. Euthanasia. Euthanasia of
livestock must be performed under the conditions and using the
approved methods as described in the most current published version
of AVMA Guidelines for the Euthanasia of Animals.
a. Euthanasia for animals must
be performed when the likelihood for recovery is poor and the
condition cannot be effectively relieved by best species management
and medically appropriate procedures. Upon making the decision to
euthanize an animal, euthanasia must be performed promptly to
minimize the unnecessary pain and suffering of the animal.
b. Disposal of animals after
confirmation of death must be performed in accordance with all
applicable state and municipal codes.
4. Mass Euthanasia or
Depopulation. For unusual conditions which require euthanasia of
populations, such as wide spread disease eradication and exigent
circumstances resulting from natural disasters, the Director of the
Department of Environmental Management may authorize methods of
euthanasia or depopulation that are not described in the most current
published version of AVMA Guidelines for the Euthanasia of Animals.
Any person seeking to use alternate methods of euthanasia or
depopulation must receive prior written approval by the Director of
the Department of Environmental Management. The alternate methods
must minimize animal pain and suffering to the extent reasonably
possible while considering the threat to human health, human safety,
and the hazards of failing to promptly euthanize or depopulate
affected animals.
5. Health
a. Prescription and
extra-label medications must only be obtained and administered to
livestock with the advice and involvement of a licensed veterinarian
in the context of a valid Veterinary-Client-Patient-Relationship
(VCPR).
b. When medication is
indicated for livestock, label instructions for route of
administration, dosage, storage and withdrawal times must be
followed.
c. All practices and
procedures pertaining to health/medical treatment of livestock must
be done humanely.
d. Livestock must be monitored
regularly for evidence of disease, injury, and parasites and
corrective measures must be taken when evidence is found.
e. The responsible party must
be able to, as required by the condition of the animal, separate sick
animals from healthy livestock.
f. Dead livestock must be
properly disposed of in accordance with all local ordinances, state
and federal regulations.
6. Transportation
a. The transport driver
becomes the responsible party during transit.
b. The responsible party makes
the final decision in determining the fitness for livestock loading,
transport and the load density. The density of a load shall be
determined by the need to minimize injury and must allow fallen
animals to rise.
c. Handling of livestock
during loading, unloading and transport must be done humanely.
d. Ramps, chutes and other
means of conveyance used for transporting livestock must be
constructed to provide adequate footing to minimize slips and falls.
e. Livestock must be able to
stand in their natural position without touching the top of the
transport conveyance.
f. During transit, livestock
must be suitably protected from adverse weather conditions.
g. Transporters are required
to stop every 28 hours, unload, and provide livestock with food,
water and rest for at least five consecutive hours, unless the
transportation vehicle allows the livestock to lie down and rest and
have access to feed and water.
5.8 Specific Requirements
A. Disabled livestock: The
following standards apply to disabled and non-ambulatory livestock.
1. Feed and water. Ambulatory
disabled, non-ambulatory disabled or distressed livestock must have
appropriate access to water and feed. Water must be offered to
non-ambulatory disabled livestock at intervals not to exceed 8 hours.
If an animal has been non-ambulatory for 24 hours feed must be
offered at that time and at intervals not to exceed 12 hours.
2. Management
a. The responsible party for
ambulatory disabled, non-ambulatory disabled, or distressed
livestock, as required by the condition of the animal must provide
appropriate protection from other livestock, predators and adverse
weather conditions.
b. Handling and moving of
ambulatory disabled, non-ambulatory disabled or distressed livestock
must be done in a humane manner.
3. Health
a. Ambulatory disabled
livestock must be:
(1) Monitored for needed
treatment and pain management when necessary and that treatment must
be promptly provided to minimize unnecessary pain or suffering; or,
(2) Transported for treatment
or sale; or,
(3) Transported directly to an
inspected slaughter plant or a state custom exempt slaughter plant;
or,
(4) Slaughtered on the farm
using an acceptable method of euthanasia; or,
(5) Euthanized using an
acceptable method of euthanasia.
b. Non-ambulatory disabled
livestock must be:
(1) Cared for and provided
feed and water; and,
(2) Provided necessary
treatment and pain management when necessary; or,
(3) Transported for treatment;
or,
(4) Slaughtered on the farm
using an acceptable method of euthanasia; or,
(5) Except for cattle,
transported to an inspected slaughter plant or a state custom exempt
slaughter plant; or,
(6) Euthanized using an
acceptable method of euthanasia if the animal is in distress and the
condition is irreversible.
c. If ambulatory disabled,
non-ambulatory disabled, or distressed livestock are at a
non-terminal market or a collection facility, and there is no option
for immediate sale, then one or more of the following actions must be
taken:
(1) Fatigued swine may be
allowed to rest up to two hours to recover and may receive cooling or
other treatments that do not leave any drug residues. Swine that do
not recover within two hours are considered non-ambulatory disabled
livestock, and must be euthanized.
(2) Calves that are unable to
rise from a recumbent position and walk because they are tired or
cold may be held for treatment. A calf that is unable to rise or has
been provided an intervention treatment and is still not able to rise
is considered non-ambulatory disabled livestock and must euthanized.
(3) Cattle that become
non-ambulatory disabled during transport must be euthanized or
provided appropriate veterinary care and pain management.
d. The responsible party,
excluding third party transporters, must maintain records of
treatments, medications and withdrawal times for ambulatory disabled,
non-ambulatory disabled and distressed livestock.
e. Livestock observed to be
emaciated following documented intervention strategies of additional
care, additional feed resources, or treatment without observable
improvement in body condition must be:
(1) Marketed through
appropriate channels;
(2) Transported directly to an
inspected slaughter plant or a state custom exempt slaughter plant;
(3) Slaughtered by using an
acceptable method of euthanasia; or,
(4) Euthanized using an
acceptable method.
f. Transportation.
Non-ambulatory disabled livestock must not be loaded for transport to
a non-terminal market or a collection facility.
B. Bovine-Veal
1. Feed and Water
a. All newborn calves must be
fed colostrum, or a colostrum replacement, within the first 24 hours
of life. Colostrum must be of sufficient quantity and quality to
reasonably protect the health of the calf.
b. Veal calves must receive
feed and water of sufficient quantity and quality on a daily basis so
as to help ensure growth and maintenance of normal body condition for
the breed of animal.
c. Drinking water and water
for feed mixtures must be drinkable, fresh, and free from harmful
contamination.
d. If not provided ad-libitum
access, special fed and bob veal calves must be fed two or more times
per day following a regular routine.
e. The responsible party must
provide assistance for any veal calf unable to feed or drink on its
own accord.
f. The responsible party on
all farms that house special fed and bob veal calves must have access
to hot water for the purpose of sanitation and mixing milk-based
liquid diet or milk replacer.
g. The responsible party must
provide clean feed storage areas and have adequate storage space for
different classes of feed.
h. All liquid mixing equipment
must be inspected daily and properly cleaned and maintained.
2. Management
a. Housing must provide a
clean and safe environment that promotes the health, welfare and
performance of veal calves at all stages of their lives.
b. Lighting must be adequate
to observe all calves during inspection; and if natural light is not
available, artificial light must be provided for eight hours in every
24 hour period of sufficient intensity that calves can observe each
other.
c. Individual pens for veal
calves must be in compliance with R.I. Gen. Laws § 4-1.1-1 et
seq . and must allow for quality air circulation, permit
opportunity for socialization between veal calves, with consideration
given to ensuring the calf’s health is maintained, allow the calves
to stand without impediment, provide for normal resting postures,
groom, eat, turn around, lie down and rest;
d. Group pens for veal must be
in compliance with R.I. Gen. Laws § 4-1.1-1 et seq .
(1) Must allow for quality air
circulation, permit opportunity for socialization between veal
calves, with consideration given to ensuring the calf’s health is
maintained, allow the calves to stand without impediment, provide for
normal resting postures, groom, eat, turn around, lie down and rest;
(2) A maximum of two veal
calves in an area of a minimum of 14 square feet per veal calf;
(3) Calves of substantially
different sizes must be separated from one another; and,
(4) Veal calves must be
monitored on a daily basis for naval and cross sucking and be
provided with intervention, such as movement to individual pens.
e. Tethering of veal calves
may be used under the following conditions pursuant to R.I. Gen. Laws
§ 4-1.1-4:
(1) During medical research.
(2) Temporary confinement
prior to and during examination, testing, individual treatment or
operation for veterinary purposes.
(3) During transportation.
(4) During rodeo exhibitions,
state or county fair exhibitions, 4-H programs, and similar
exhibitions or educational programs.
(5) During temporary
confinement for animal husbandry purposes for no more than six (6)
hours in any twenty-four (24) hour period unless ordered by a
licensed veterinarian.
(6) During the humane
slaughter of a veal calf in accordance with the provisions of R.I.
Gen. Laws Chapter 4-17, and other applicable laws and regulations.
(7) To calves being trained to
exhibit.
(8) To calves being trained to
accept routine confinement in dairy and beef housing.
C. Bovine-Dairy
1. Feed and water. All newborn
calves must be fed colostrum, or a colostrum replacement within the
first 24 hours of life. Colostrum must be of sufficient quantity and
quality to reasonably protect the health of the calf.
2. Management. The following
livestock management procedures are acceptable and, if performed,
must be performed in a humane manner.
a. Horn removal. Disbudding
prior to eruption of the horn is permissible without pain management;
for dehorning after eruption, pain management must be used;
b. Castration of cattle that
are older than 5 months of age requires pain management;
c. Hoof trimming must occur at
intervals to prevent excessive hoof growth, excessive chipping, or
lameness.
d. Pursuant to R.I. Gen. Laws
§ 4-1-6.1, tail docking is prohibited unless otherwise allowed under
R.I. Gen. Laws § 4-1-6.1(b) and the following:
(1) The animal has been
adequately anesthetized to minimize the animal's pain and suffering
during the treatment or operation.
(2) The procedure is performed
by a licensed veterinarian.
(3) The procedure is done in a
way that minimizes the long-term pain and suffering resulting from
the procedure.
(4) The veterinarian uses
suitable instruments.
(5) The procedure is done
under hygienic conditions.
(6) The procedure is
considered medically necessary.
3. All dairy cattle housing
must meet the following requirements:
a. Must provide a clean and
safe environment that promotes the health, welfare and performance of
dairy cattle at all stages of their lives;
b. Must provide access to
facilities or natural features that provide reasonable protection
from adverse weather conditions and predators;
c. Enclosures, including
fencing, must be designed and maintained so as to minimize bruising
and injury and provide for the safety of humans and other animals;
and,
d. Light intensity must be
adequate for observation during inspection.
4. Maternity/calf indoor
housing must meet the following requirements:
a. Maternity areas must be
clean, dry, well ventilated and the light intensity adequate for
observation;
b. In maternity areas, there
must be sufficient space to enable cows to separate themselves from
other animals during labor; and,
c. Calves must be housed in a
clean, dry area with space to stand, lie down, turn around and be
protected from adverse weather.
5. Cow/Heifer indoor housing
must meet the following requirements:
a. Housing must be designed
and maintained in a manner which:
(1) Seeks to minimize the
effects of adverse weather; and,
(2) Provides ventilation to
reduce concentrations of ammonia and dust.
b. Have a stocking density
that allows for dairy cattle of all ages to easily lie down at the
same time in normal resting posture and be able to easily stand back
up at all stages of production, and in addition all animals must be
able to access feed and water without excessive competition;
c. If free stalls, tie stalls
or stanchions are used, they must be designed and maintained so that
the length and width provides appropriate space to accommodate the
size of the animal’s body so that the animal is not forced to lie
with her rear quarter contacting the alleyway or gutter;
d. If free stalls, tie stalls
or stanchions are used, they must be cleaned regularly and bedding
replenished regularly;
e. If bedded pack is used, it
must be bedded regularly;
f. Feeding, watering areas and
alleys must be cleaned on a regular basis so as to be free of
continual standing water and excess manure that may compromise the
animal’s health and safety;
g. Alleys must be designed and
maintained so as to minimize the potential for injury and bruising;
h. If tie stalls or stanchions
are used, the animals must be provided with the opportunity for
exercise, weather permitting; and,
i. If tie stalls or stanchions
are used, the animals must have room to stand, lie down, eat, drink,
defecate, and urinate comfortably.
6. Outdoor housing must meet
the following requirements:
a. Must seek to minimize
prolonged exposure to adverse environmental conditions that
compromise the animal’s health and safety;
b. If open lots are used, they
must be maintained to promote proper drainage away from resting areas
and feed and water; and,
c. During prolonged periods of
wetness, the responsible party must ensure that cattle have access to
feed and water.
7. Breeding bull housing must
meet the following requirements:
a. Must allow bulls to easily
stand up, lie down, and adopt a normal resting posture;
b. Must have a resting area
that provides comfort, dryness and protection from adverse weather;
c. Feeding, watering areas and
alleys must be cleaned on a regular basis and be free of continual
standing water and excess manure that may compromise the animal’s
health and safety;
d. Alleys must be designed and
maintained so as to minimize the potential for injury and bruising;
and,
e. Enclosures, including
fencing, must be designed and maintained so as to provide for the
safety of humans and other animals.
8. Transportation. Calves with
navels that have not dried after birth must not be loaded for
transport to a terminal market, non-terminal market or a collection
facility.
D. Bovine-Beef
1. Feed and water. All newborn
calves must be offered colostrum, or a colostrum replacement within
the first 24 hours of life.
2. Management. The following
livestock management procedures are acceptable and, if performed,
must be performed in a humane manner.
a. For horn removal,
disbudding prior to eruption is permissible without pain management;
for dehorning after eruption, pain management must be used; and,
b. Castration of cattle that
are older than 5 months of age requires pain management;
c. Hoof trimming must occur at
intervals to prevent excessive hoof growth, excessive chipping, or
lameness.
3. All housing systems must
meet the following requirements:
a. Must provide a clean and
safe environment that promotes the health, welfare and performance of
beef cattle at all stages of their lives;
b. Must provide access to
facilities or natural features that provide reasonable protection
from adverse weather conditions and predators;
c. Enclosures, including
fencing, must be designed and maintained so as to minimize bruising
and injury and provide for the safety of humans and other animals;
d. During calving, there must
be sufficient space to enable cows to separate themselves from other
animals; and,
e. Light intensity must be
adequate for observation during inspection.
4. Indoor housing systems must
meet the following requirements:
a. Have a stocking density
that allows for all cattle to easily lie down at the same time in a
normal resting posture and be able to easily stand back up at all
stages of production, and in addition all animals must be able to
access feed and water without excessive competition;
b. Housing must be designed
and maintained in a manner which:
(1) Seeks to minimize the
effects of adverse weather; and;
(2) Provides ventilation to
reduce concentrations of ammonia and dust.
c. Feeding, watering areas and
alleys must be cleaned on a regular basis so as to be free of
continual standing water and excess manure that may compromise the
animal’s health and safety;
d. If bedded pack is used, it
must be bedded regularly;
e. Alleys must be designed and
maintained so as to minimize the potential for injury and bruising;
and,
f. If tie stalls are used, the
animals must be provided with the opportunity for exercise, weather
permitting.
5. Outdoor housing systems
must meet the following requirements:
a. Must seek to minimize
prolonged exposure to adverse environmental conditions that
compromise the animal’s health and safety;
b. If open lots are used, they
must be maintained to promote proper drainage away from resting areas
and feed and water; and,
c. During prolonged periods of
wetness, the responsible party must ensure that cattle have access to
feed and water.
E. Swine
1. Management. The following
livestock management procedures are acceptable and, if performed,
must be performed in a humane manner.
a. Tusk trimming is an
acceptable procedure, and if performed, must be performed in a humane
manner taking care to cut the tusks level with the gums without
damaging the gums.
b. Castration is an acceptable
procedure, and if performed, must be performed at as young an age as
is practical. Castration of boars that are older than 14 days of age
requires pain management;
c. Tail docking is an
acceptable procedure, and if performed, must be performed at as young
an age as is practical. Docking the tail of swine that are older
than 14 days of age animals requires pain management.
d. Hoof trimming must occur at
intervals to prevent excessive hoof growth, excessive chipping, or
lameness.
2. All swine housing systems
must:
a. Have a stocking density
that allows all pigs to easily lie down fully on their side at the
same time without having to lie on each other and be able to easily
stand back up at all stages of production, and in addition all
animals can access feed and water without excessive competition;
b. Be regularly inspected and
maintained by the responsible party to verify that all mechanical
devices and the water and feed delivery system are in working
condition;
c. Permit visual inspection
of animals:
(1) Light intensity must be
adequate for observation during inspection; and,
(2) If natural light is not
available, artificial light must be provided for at the least the
normal period of daylight hours.
3. Allow sows and boars in
stalls or pens to do each of the following:
a. Lie down fully on its side
in full lateral recumbency without the head having to rest on a
raised feeder and have the rear quarters coming in contact with the
back of the stall or pen at the same time; and,
b. Stand without the back
touching the top of the stall or pen.
c. The use of gestation crates
for housing pregnant sows is prohibited pursuant to R.I. Gen. Laws §
4-1.1-1 et seq .
4. Outdoor housing for all
stages of production must provide:
a. A regular, ample supply of
bedding in cold weather;
b. Access to facilities or
natural features that provide reasonable protection from adverse
weather conditions and predators; and,
c. A method to facilitate
thermo-regulation, such as a natural wallow.
5. Farrowing Sow and Piglet
Housing must:
a. Be clean, dry and sanitary;
b. Provide effective
protection and appropriate thermal environment for the piglets and
comfort for the sow; and,
c. Be designed to maximize
neo-natal piglet welfare, and farrowing stalls can be used on all new
and existing farms.
6. All sows farrowing outdoors
must be provided with:
a. Shade for farrowing in hot
weather; and,
b. Shelter from prevailing
winds and a regular, ample supply of bedding to minimize frost bite
for farrowing in cold weather.
7. Post weaning indoor housing
systems must meet the following conditions:
a. In mechanically ventilated
facilities, weaned piglets must be housed in clean, dry, well-heated,
draft-free facilities;
b. Indoor housing systems that
have no mechanical heating or ventilation systems must:
(1) Adequately protect pigs
from direct sunlight and adverse weather conditions;
(2) Provide supplemental heat
or a regular, ample supply of bedding in cold weather; and,
(3) Have water and feed supply
systems that function properly and be readily accessible under all
weather conditions.
8. Indoor housing systems for
breeding, gestating sows and gilts must meet the following
conditions:
a. Mixing must be done in a
manner which minimizes aggression and the risk of injury;
b. Pens for breeding should
have non-slip floors and must be large enough for comfortable
movement during breeding activities.
c. Pens may be used for
breeding and gestation;
d. Gestation stalls are
prohibited pursuant to R.I. Gen. Laws § 4-1.1-1 et seq .
9. In boar housing systems,
the unnecessary mixing or the introduction of new animals into
established groups must be avoided to minimize aggression and the
risk of injury.
10. Transportation. If
transportation of a sow with her suckling litter is necessary, the
sow must be segregated from all other animals during transport and
the litter must be protected appropriately.
F. Poultry-Layers
1. Feed and Water
a. Water may be withheld based
on specific direction, written or verbal, of a licensed veterinarian
and only for the period of time specified by the veterinarian; or,
b. Water may be restricted or
withheld temporarily by the responsible party in circumstances such
as:
(1) Preparation for
administration of vaccines or medication in the water;
(2) Preparation for
transportation; or,
(3) Specific management
practices, according to the farm’s operating procedures.
2. Management
a. The responsible party must
catch, lift, and move poultry humanely.
b. Birds may be caught or
carried by both legs, and are not to be caught, carried or lifted by
the head, neck, a single leg, or tail.
c. The following livestock
management procedures are acceptable and, if performed, must be
performed in a humane manner.
(1) Beak conditioning;
(2) Toenail conditioning;
(3) Dubbing; and;
d. Induced molting: If induced
molting is used, the following conditions must also be met:
(1) Must use only non-feed
withdrawal methods;
(2) Layers must be fed a
maintenance ration for non-producing layers and must have access to a
sufficient amount of water;
(3) The light period must be
reduced to no fewer than six hours in closed houses, or to natural
day length in open houses, for the duration of the rest period. When
the flock is placed back on a layer diet, lights should be returned
to the normal layer program; and,
(4) During molt, flock health,
mortality and bird weight must be monitored.
e. Environmental management
must be designed to control rodents, non-beneficial insects, and
parasite infestation in the birds, as it applies to the flock's
housing system.
3. All poultry housing systems
must meet the following requirements:
a. Housing must provide a
clean and safe environment that promotes the health, welfare and
performance of layers at all stages of their lives;
b. Bedding, if provided, must
be of a good quality and absorbent;
c. Environmental moisture must
be managed, whether birds are housed indoors or outdoors, to promote
flock health and welfare;
d. Maximum stocking densities
must allow all poultry:
(1) To rest at the same time
without being forced to rest on top of each other at all stages of
production; and,
(2) To have access to feed
and water without excessive competition that prevents the
individual animals from maintaining normal body condition.
e. Housing must be designed
and maintained in a manner which:
(1) Seeks to minimize the
effects of adverse weather conditions;
(2) Seeks to minimize
conditions in which the bird cannot effectively thermo-regulate;
(3) Provides sufficient
ventilation to reduce concentrations of carbon monoxide, ammonia and
dust; and,
(4) Provides backup systems in
working condition, in houses/barns that require mechanized
ventilation.
(5) Light intensity must be
adequate for observation during inspection; and,
(6) If natural light is not
available, artificial light must be provided for rearing and
production.
f. Conventional battery cage
systems must meet the following requirements:
(1) Existing facilities, as
defined above, are allowed to continue using existing conventional
caging systems until July 1st, 2034 after which time any replacement
cages must provide a minimum of 116 square inches per hen. Systems
installed after the adoption of these Rules and Regulations must be
such that manure from birds in upper cage levels does not drop
directly on birds in lower level cages;
(2) The slope of the cage
floor must not exceed eight degrees;
(3) New farmers who wish to
use conventional caging systems must provide 116 square inches per
hen;
(4) An existing layer/pullet
farm, after the adoption of this standard, is not precluded from an
expansion using current cage housing systems; and,
(5) Conventional battery cages
systems may not be installed, after the effective date of the rule,
on any farm not defined as an existing facility unless they provide a
minimum of 116 square inches per hen;
(6) Any housing system on an
existing facility may be replaced with the same housing system in the
case of a catastrophic event (including but not limited to fire,
flood, wind or building collapse) that requires new construction to
replace the existing housing system, however any system that is
installed must be in compliance with the minimum area requirement of
116 square inches per hen after July 1st, 2034.
g. Enriched cage systems must,
at a minimum, comply with § 5.8(F)(3)(f) of this
Part.
h. Cage-free housing systems
must meet the following requirements:
(1) Cage-free housing systems
installed after the effective date of this rule must provide a
minimum of 144 square inches per layer;
(2) If perches are provided,
they must be positioned to minimize fecal fouling of layers, feeders
and waterers below;
(3) If multi-tiered perches
are used, each tier must allow hens to safely access other vertical
tiers, including the floor;
(4) If nests are provided,
they must be cleaned as necessary to ensure that manure does not
accumulate;
(5) For cage-free systems
installed prior to the implementation date of these standards, the
responsible party must meet §§ 5.8(F)(3)(h)(1) through
5.8(F)(3)(h)(4) of this Part within five years after the effective
date of this rule; and,
(6) Cage-free layers with
access to the outdoors must be provided reasonable protection from
adverse weather conditions and predators.
4. Transportation: The density
in poultry conveyances must allow the birds to rest at the same time
without being forced to rest on top of each other.
G. Poultry-Broilers:
1. Feed and water
a. Water may be withheld based
on specific direction, written or verbal, of a licensed veterinarian
and only for the period of time specified by the veterinarian; or,
b. Water may be restricted or
withheld temporarily by the responsible party in circumstances such
as:
(1) Preparation for
administration of vaccines or medication in the water;
(2) Preparation for
transportation; or,
(3) Specific management
practices, according to the farm’s operating procedures.
2. Management
a. The responsible party must
catch, lift and move poultry humanely.
b. Birds may be caught or
carried by both legs, and are not to be caught, carried or lifted by
the head, neck, a single leg, or tail.
c. The following livestock
management procedures are acceptable and, if performed, must be
performed in a humane manner.
(1) Beak conditioning;
(2) Male back toe
conditioning;
(3) Dubbing;
(4) Caponizing; and,
d. Environmental management
must be designed to control rodents, non-beneficial insects, and
parasite infestation in the birds to the degree that the animals’
health is not impaired.
3. Housing for broilers and
broiler breeders must meet all of the following conditions:
a. Must provide a clean and
safe environment that promotes the health, welfare and performance of
broilers/broiler breeders at all stages of their lives;
b. Bedding, if provided, must
be of a good quality and absorbent;
c. Environmental moisture must
be managed, whether birds are housed indoors or outdoors, to promote
flock health and welfare;
d. Stocking densities must
allow all broilers to rest at the same time without being forced to
rest on top of each other at all stages of production and, in
addition, all broilers must be able to access feed and water without
excessive competition that prevents individuals in the flock from
maintaining normal body condition;
e. Housing must be designed in
a manner which:
(1) Seeks to minimize the
effects of adverse weather conditions;
(2) Seeks to minimize
conditions in which the bird cannot effectively thermo-regulate;
(3) Provides sufficient
ventilation to reduce concentrations of carbon monoxide, ammonia and
dust; and,
(4) Provides backup systems in
working condition, in houses/barns that require mechanized
ventilation;
(5) Light intensity must be
adequate for observation during inspection;
(6) If natural light is not
available, artificial light must be provided for rearing and
production; and,
(7) Free-range/pastured
broilers must be provided reasonable protection from adverse weather
conditions and predators.
f. Broiler Breeders housing
must meet the following conditions:
(1) If slats are used, the
slats must be designed and maintained so as to minimize bruising and
injury;
(2) Where slats are used, if
birds get under the slats they must be removed immediately;
(3) Introduction of new
broiler breeder males must be done in a manner which seeks to
minimize aggression and the risk of injury; and,
(4) If nest space is
provided, they must be cleaned as necessary to ensure that manure
does not accumulate.
4. Transportation. The density
in poultry conveyances must allow the birds to rest at the same time
without being forced to rest on top of each other.
H. Poultry Breeders:
1. Feed and water
a. Water may be withheld based
on specific direction, written or verbal, of a licensed veterinarian
and only for the period of time specified by the veterinarian; or
b. Water may be restricted or
withheld temporarily by the responsible party in circumstances such
as:
(1) Preparation for
administration of vaccines or medication in the water;
(2) Preparation for
transportation; or,
(3) Specific management
procedures, according to the farm’s operating procedures.
2. Management
a. The responsible party must
catch, lift and move poultry humanely.
b. Birds may be caught or
carried by both legs, and are not to be caught, carried or lifted by
the head, neck, a single leg, or tail.
c. The following livestock
management procedures are acceptable and, if performed, must be
performed in a humane manner.
(1) Beak conditioning;
(2) Toenail conditioning;
(3) Dewclaw conditioning;
(4) Snood conditioning; and,
d. Induced molting, which must
also meet all of the following conditions:
(1) Must use only non-feed
withdrawal methods;
(2) Turkey breeders must be
fed a maintenance ration for non-producing breeders;
(3) The light period must be
reduced to no fewer than six hours in closed houses, or to natural
day length in open houses, for the duration of the rest period. When
the flock is placed back on a production diet, lights should be
returned to the normal program; and,
(4) During molt, flock health,
mortality and bird weight must be monitored;
e. Environmental management
must be designed to control rodents, non-beneficial insects, and
parasite infestation in the birds, as it applies to the flock’s
housing system.
3. Housing for turkeys and
turkey breeders must meet all of the following conditions:
a. Must provide a clean and
safe environment that promotes the health, welfare and performance of
turkeys/turkey breeders at all stages of their lives;
b. Bedding, if provided, must
be of a good quality and absorbent;
c. Environmental moisture must
be managed, whether birds are housed indoors or outdoors, to promote
flock health and welfare; and,
d. Stocking densities must
allow all turkeys to rest at the same time without being forced to
rest on each other at all stages of production, and in addition all
turkeys must be able to access feed and water without
excessive competition that prevents individuals in the flock from
maintaining normal body condition; and,
e. Housing must be designed in
a manner which:
(1) Seeks to minimize the
effects of adverse weather conditions;
(2) Seeks to minimize
conditions in which the bird cannot effectively thermo-regulate;
(3) Provides sufficient
ventilation to reduce concentrations of carbon monoxide, ammonia and
dust; and,
(4) Provides backup systems in
working condition, in houses/barns that require mechanized
ventilation;
f. Light intensity must be
adequate for observation during inspection;
g. If natural light is not
available, artificial light must be provided for rearing and
production; and;
h. Free-range/pastured turkeys
must be provided reasonable protection from adverse weather
conditions and predators.
i. Turkey breeder housing must
meet the following conditions:
(1) Introduction of new
turkeys must be done in a manner which seeks to minimize aggression
and the risk of injury;
(2) If nest space is provided,
they must be cleaned as necessary to ensure that manure does not
accumulate.
j. Transportation. The density
in poultry conveyances must allow the birds to rest at the same time
without being forced to rest on top of each other.
I. Ovine
1. Feed and water. All newborn
lambs must be offered colostrum, or a colostrum replacement within
the first 24 hours of life.
2. Management. The following
livestock management procedures are acceptable and, if performed,
must be performed in a humane manner.
a. Castration of rams that are
older than 14 days of age must use pain management;
b. Tail docking of sheep that
are older than 14 days of age must use pain management;
c. Breeds of sheep that do not
naturally shed their hair/wool must be shorn regularly; and,
d. The responsible party must
seek to minimize the risk of fly strike by utilizing such methods to
include, but not limited to, shearing and crutching. The practice of
mulesing (cutting strips of skin from the hindquarters of lambs or
sheep) is expressly prohibited.
e. Dehorning of sheep should
not be performed but non-sensitive tissue of larger horns may be
trimmed to prevent injury to the animal.
f. Hoof trimming must occur at
intervals to prevent excessive hoof growth, excessive chipping, or
lameness.
3. All housing must meet the
following requirements:
a. Must provide a clean and
safe environment that promotes the health, welfare and performance of
sheep at all stages of their lives;
b. Must provide access to
facilities or natural features that provide reasonable protection
from adverse weather conditions and predators;
c. Enclosures, including
fencing, must be designed and maintained so as to minimize bruising
and injury and provide for the safety of humans and other animals;
d. During lambing there must
be sufficient space to enable ewes to separate themselves from
other animals; and,
e. Light intensity must be
adequate for observation during inspection.
4. Indoor housing systems must
meet the following requirements:
a. Have a stocking density
that allows for all sheep to easily lie down at the same time in a
normal resting posture and be able to easily stand back up at all
stages of production, and in addition all animals must be able to
access feed and water without excessive competition;
b. Housing must be designed
and maintained in a manner which:
(1) Seeks to minimize the
effects of adverse weather; and,
(2) Provides ventilation to
reduce concentrations of ammonia and dust;
c. Feeding, watering areas and
alleys must be cleaned on a regular basis so as to be free of
continual standing water and excess manure that may compromise the
animal’s health and safety;
d. Alleys must be designed and
maintained so as to minimize the potential for injury and bruising;
and,
5. Outdoor housing systems
must meet the following requirements:
a. Must seek to minimize
prolonged exposure to adverse environmental conditions that
compromise the animal’s health and safety;
b. If open lots are used, they
must be maintained to promote proper drainage away from resting areas
and feed and water; and,
c. During prolonged periods of
wetness, the responsible party must ensure that sheep have access to
feed and water.
J. Caprine:
1. Feed and water. All newborn
kids must be offered colostrum, or a colostrum replacement within the
first 24 hours of life.
2. Management. The following
livestock management procedures are acceptable and, if performed,
must be performed in a humane manner.
a. For horn removal,
disbudding prior to eruption is permissible without pain management;
for dehorning after eruption, pain management must be used, and the
dehorning of adult goats must only be performed by a licensed
veterinarian; and,
b. Castration of bucks that
are older than 14 days of age must use pain management;
c. Breeds of goats that do not
naturally shed their hair must be shorn regularly.
3. All housing systems must
meet the following requirements:
a. Must provide a clean and
safe environment that promotes the health, welfare and performance of
goats at all stages of their lives;
b. Must provide access to
facilities or natural features that provide reasonable protection
from adverse weather conditions and predators;
c. Enclosures, including
fencing, must be designed and maintained so as to minimize bruising
and injury and provide for the safety of humans and other animals;
d. During kidding there must
be sufficient space to enable does to separate themselves from other
animals; and,
e. Light intensity must be
adequate for observation during inspection.
4. Indoor housing systems must
meet the following requirements:
a. Have a stocking density
that allows for all goats to easily lie down at the same time in a
normal resting posture and be able to easily stand back up at all
stages of production, and in addition all animals must be able to
access feed and water without excessive competition;
b. Feeding, watering areas and
alleys must be cleaned on a regular basis so as to be free of
continual standing water and excess manure that may compromise the
animal’s health and safety;
c. Alleys must be designed and
maintained so as to minimize the potential for injury and bruising;
and,
5. Outdoor housing systems
must meet the following requirements:
a. Must seek to minimize
prolonged exposure to adverse environmental conditions that
compromise the animal’s health and safety;
b. If open lots are used, they
must be maintained to promote proper drainage away from resting areas
and feed and water; and,
c. During prolonged periods of
wetness, the responsible party must ensure that goats have access to
feed and water.
6. If used, tack and/or
harness must fit properly and be well maintained so as to minimize
the potential for injuries.
K. Camelid
1. Feed and water. All newborn
crias must be offered colostrum, or a colostrum replacement within
the first 24 hours of life.
2. Management. The following
livestock management procedures are acceptable and, if performed,
must be performed in a humane manner.
a. The responsible party must
ensure that castration is performed by a licensed veterinarian.
b. The following livestock
management procedures are required and must be performed in a humane
manner:
(1) Co-mingled adult males
must have their fighting teeth conditioned.
(2) Toe nail care to maintain
a functional condition; and;
(3) During hot weather, the
responsible party shall seek to minimize heat stress for camelids
using methods including, but not limited to: shearing, mechanical
ventilation, or other cooling methods.
3. All housing systems must
meet the following requirements:
a. Must provide a clean and
safe environment that promotes the health, welfare and performance of
camelids at all stages of their lives;
b. Camelids must be provided
with the opportunity for socialization with a herding animal, which
may include but not be limited to: camelids, sheep, goats, or other
herding livestock;
c. Have a stocking density
that allows for all camelids to easily lie down at the same time in a
normal resting posture and be able to easily stand back up at all
stages of production, and in addition all animals must be able to
access feed and water without excessive competition;
d. Must provide access to
facilities or natural features that provide reasonable protection
from adverse weather conditions and predators;
e. Enclosures, including
fencing, must be designed and maintained so as to minimize injury and
provide for the safety of humans and other animals; and,
f. Light intensity must be
adequate for observation during inspection.
4. Indoor housing systems must
meet the following requirements:
a. Seeks to minimize the
effects of adverse weather; and;
b. Provides ventilation to
reduce concentrations of ammonia and dust; and,
c. When box stalls, pens or
other enclosures are used, they must be cleaned regularly;
d. Camelids must be provided
with a clean, dry area for lying down; and,
e. If an animal is confined in
a box stall, pen or other enclosure, the responsible party must
provide access for regular exercise unless medically prohibited.
5. Outdoor housing systems
must seek to minimize prolonged exposure to adverse environmental
conditions that compromise the animal’s health and safety.
6. If used, tack and/or
harness must fit properly and be well maintained so as to minimize
the potential for injuries.
7. Transportation. Camelids
must be able to stand so that their backs do not touch the top of the
transport conveyance, and the density of the load must allow all
animals to lie down at the same time.
L. Equine
1. Feed and water. All newborn
foals must be offered colostrum, or a colostrum replacement within
the first 24 hours of life.
2. Management. The following
livestock management procedures are acceptable and, if performed,
must be performed in a humane manner.
a. The responsible party must
ensure that castration is performed by a licensed veterinarian; and,
b. Shearing of horses in the
winter must be done so in compliance with the provisions of R.I. Gen.
Laws § 4-1-6-1 et seq .
c. The responsible party must
monitor regularly for the condition and ensure that the hooves are
regularly trimmed to prevent overgrowth, cracking, chipping, and
lameness.
3. All housing systems must
meet the following requirements:
a. Must provide a clean and
safe environment that promotes the health, welfare and performance of
equines at all stages of their lives;
b. Have a stocking density
that allows for all equines to easily lie down at the same time in a
normal resting posture and be able to easily stand back up at all
stages of production, and in addition all animals must be able to
access feed and water without excessive competition;
c. Must provide access to
facilities or natural features that provide reasonable protection
from adverse weather conditions and predators;
d. Enclosures, including
fencing, must be designed and maintained so as to minimize injury and
provide for the safety of humans and other animals;
e. Environmental management
must be designed to control parasite infestation and minimize insect
infestations;
f. Light intensity must be
adequate for observation during inspection.
4. Indoor housing systems must
meet the following requirements:
a. If a stall is used, the
stall must be cleaned regularly. If bedding is used the bedding must
be replenished regularly with clean, good quality, and absorbent
bedding; and,
b. If confined in a stall, the
responsible party must provide access for exercise as necessary to
maintain the health of the animal.
5. Outdoor housing systems
must meet the following requirements:
a. Must seek to minimize
prolonged exposure to adverse environmental conditions that
compromise the animal’s health and safety; and,
b. If open lots are used, they
must be maintained to promote proper drainage away from resting areas
and feed and water.
6. Tack and/or harness must
fit properly and be well maintained so as to minimize the potential
for injuries.
7. At non-terminal markets,
sales, and auctions the responsible party must provide a dry area so
that all equines can lie down at the same time and be protected from
adverse weather. If maintained for more than eight hours at such
facilities, equines must be provided access to feed and water.
8. Transportation
a. Suckling foals must be
transported separately from other animals and must be transported
with their dams, unless the health and safety of the foal is
compromised;
b. Stallions and jacks must be
separated from other equines during transport;
c. Use of double decked
trailers for equine transportation is prohibited in state pursuant to
R.I. Gen. Laws § 4-1-39;
d. Non-ambulatory disabled
equine must not be loaded for transport except for treatment;
e. Equines must be able to
stand upright in their normal position without their heads, exclusive
of the ears, touching the top of the conveyance.
5.9 Violations
Any person, firm or
corporation who violates any provision of these regulations shall be
subject, upon conviction after a hearing, to a fine of five hundred
dollars ($500.00) for the first offense and not to exceed one
thousand dollars ($1000.00) for the second offense and any subsequent
offense. Any offense may result in the seizure of animals by the
Department. The cost of the care for any animal seized by the
Department under the authority of these Rules and Regulations is the
responsibility of the owner of the animal at the time of seizure.
Each day for which the violation persists without remedy shall
constitute a separate violation.
5.10 Enforcement
Any employee of the
Department of Environmental Management, Division of Agriculture and
the Department of Environmental Management, Division of Law
Enforcement is empowered and authorized to enforce any of the
provisions in these Rules and Regulations.