Written Question · S2W-21068 · Session 2
What penalties can be imposed, under existing legislation, on producers of crops such as hay and haylage who fail to prevent these crops fr…
The question
To ask the Scottish Executive what penalties can be imposed, under existing legislation, on producers of crops such as hay and haylage who fail to prevent these crops from being contaminated by ragwort and whether the provisions of the Animal Health and Welfare (Scotland) Bill will affect these penalties.
The answer
Any feed or forage that contains ragwort is unsafe to feed to horses and other animals. The Agriculture Act 1970 and the Feeding Stuffs (Scotland) Regulations 2000 govern the sale of animal feed and forage. Regulation 14 makes it an offence to sell any material for use as a feeding stuff which is found, or discovered as a result of analysis, to be unwholesome for or dangerous to any farmed animal, pet animal or human being. The penalty for this offence would be a fine not exceeding level 5 on the standard scale (currently £5,000).
Current proposals for the Animal Health and Welfare (Scotland) Bill do not explicitly cover the production of animal feed. However, there are two sections in the draft bill that could be used to deal with this issue.
The proposed section 20 of the draft bill would make it an offence to administer a poisonous or injurious substance to an animal, if the person administering that substance knows that substance to be poisonous or injurious. Knowingly feeding ragwort to an animal susceptible to ragwort poisoning would therefore be an offence. The definition of “poisonous or injurious” substance would certainly include ragwort fed to horses.
The proposed section 22 of the draft bill would make it an offence to fail to ensure that the needs of animals are met and this would include ensuring that an animal is fed a suitable diet. Hay or haylage contaminated with ragwort and fed to animals susceptible to ragwort poisoning would not be providing the animal with a suitable diet. We would expect the person responsible for feeding the animal to check that the animal feed was suitable, if necessary removing any ragwort.
The penalties for both these offences on summary conviction would be imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (currently £5,000) or both.
Current proposals for the Animal Health and Welfare (Scotland) Bill do not explicitly cover the production of animal feed. However, there are two sections in the draft bill that could be used to deal with this issue.
The proposed section 20 of the draft bill would make it an offence to administer a poisonous or injurious substance to an animal, if the person administering that substance knows that substance to be poisonous or injurious. Knowingly feeding ragwort to an animal susceptible to ragwort poisoning would therefore be an offence. The definition of “poisonous or injurious” substance would certainly include ragwort fed to horses.
The proposed section 22 of the draft bill would make it an offence to fail to ensure that the needs of animals are met and this would include ensuring that an animal is fed a suitable diet. Hay or haylage contaminated with ragwort and fed to animals susceptible to ragwort poisoning would not be providing the animal with a suitable diet. We would expect the person responsible for feeding the animal to check that the animal feed was suitable, if necessary removing any ragwort.
The penalties for both these offences on summary conviction would be imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (currently £5,000) or both.
In the Official Report
No contribution in the Official Report cites S2W-21068 by reference.