Part 0800.0005

[Leicester_H]

Hi all,

 

Someone on Facebook is stating that chickens are legally always livestock - does someone have a reference that confirms/refutes this statement?

 

As I understood it, chickens may be considered pets or livestock depending upon the use to which the chickens are put. According to the dictionary, a pet is “a domesticated animal kept for pleasure rather than utility.” In contrast, livestock are “animals kept or raised for use or pleasure; especially: farm animals kept for use or profit”

 

H

[Alis girls]

I would say exotic pet if was asked - someone said that once on Omlet - but cant remember in which context.

[Leicester_H]

Yes - my vet classes them as exotic pets.

 

Think I've found it

On DEFRA web site it states "The definition of livestock given in Section 8(1) of the Act

(The Agriculture (Miscellaneous Provisions) Act 1968 (1968 Ch 34)

applies to animals being kept for the production of food, wool, skin or fur on agricultural land."

and

"As a guide to the application of this definition, rabbits kept for commercial production of food or fur are livestock,

but pet rabbits are not, even when kept on a farm and neither are ornamental duck, nor pheasants reared for sport. "

 

So I think the person that wrote that LEGALLY all chickens are livestock is wrong !

[sjp]

the last bit of the description might come in to play

" livestock " means any creature kept for the production of food, wool, skin or fur or for use in the farming of land or for such purpose as the Minister may by order specify.

I thought as far as DEFRA are concerned that poultry is regarded as livestock regardless as to were it's kept

[Leicester_H]

for such purpose as the Minister may by order specify.

 

BUT has a minister specified this - I can't find any evidence of it ?

 

I thought as far as DEFRA are concerned that poultry is regarded as livestock regardless as to were it's kept

 

That's not how I read the summary info - see bit about rabbits "As a guide to the application of this definition, rabbits kept for commercial production of food or fur are livestock, but pet rabbits are not, even when kept on a farm" - surely this applies to hens as well ?

[merlina]

Not sure

but I recall a family's pet sheep being destroyed a few years ago (during one of the health scares) because they were 'livestock' even though they were always in their garden. They went to a solicitor to try and have them declared pets/not livestock and failed

 

That's the trouble with vague laws!

[sjp]

the trouble with acts of parliament is you can't just read the one you have to read all the ones relating to the subject your concerned about

the one your quoting dates back to 1968 that pre dates bird flu and the Animal welfare act so they need to be checked in case they have a baring on the matter. the animal welfare act is part or wholly based on an European directive which automatically supersedes any local Acts of parliament once a member state ratifies it

[Leicester_H]

the one your quoting dates back to 1968 that pre dates bird flu and the Animal welfare act so they need to be checked in case they have a baring on the matter.

 

OK - but this web site(http://uk.practicallaw.com/books/9781845920920/chapter05) cites the same definition from the same act and states "Status: Law stated as at 31-Jan-2008" - OK, still a few years old but it seems (to me) that the definition of livestock has not changed legally. (and yes, I know not everything on the web is true, but this site looks reputable)

 

the animal welfare act is part or wholly based on an European directive which automatically supersedes any local Acts of parliament once a member state ratifies it

Have searched the animal welfare act 2006 PDF, and I can't find any mention of "livestock" ?

[Luvachicken]

Just wanted to say that 99% of the time my chickens are pets BUT when there is a hose pipe ban they become livestock.