Poultry welfare – laying hens: consultation
We are consulting on phasing out cages for laying hens and gamebirds in order to improve their welfare by allowing birds to exhibit their normal behaviours.
Part 2 – Consultation
The Scottish 2023 June Agricultural Census estimates that there were 5.98 million poultry birds for egg production and an estimated 4.67 million for meat production[4]*
There are currently four methods used for egg production in Scotland –
| Production Type | Bird numbers | Number of sites | % breakdown | |
|---|---|---|---|---|
| Barn | 367,676 | 10 | 5.71 | |
| Cage | 1,128,631 | 15 | 17.52 | |
| Free Range | 4,571,068 | 198 | 70.97 | |
| Organic | 373,115 | 28 | 5.79 | |
| 6,440,490 | 251 | |||
The Welfare of Farmed Animals (Scotland) Regulations 2010[5] detail the conditions under which farmed animals[6] and, more specifically, all laying hens[7] must be kept. In 1999, (barren) ‘battery’ cages for laying hens (for keepers with 350 or more birds) were banned throughout the European Union, including in the UK, but with a 12-year transition period to 1 January 2012 before the ban came fully into effect. Due to the small size (area per hen of 550cm2 – less than an A4 piece of paper), and barren environment with no litter, perches or separate or secluded nest area, (barren) battery cages were banned as they presented inherent severe disadvantages for the welfare of laying hens.
However, the ban on (barren) battery cages targeted commercial scale producers and so keepers with fewer than 350 laying hens were excluded from the current legislation which bans (barren) battery cages.
Currently Laying hens in cage systems must have —
- at least 750cm2 of cage area per hen, 600cm2 of which shall be usable area; the height of the cage other than that above the usable area shall be at least 20cm at every point and no cage shall have a total area that is less than 2000cm2;
- a nest;
- litter such that pecking and scratching are possible; and
- appropriate perches allowing at least 15cm per hen.
Feed
- A feed trough which may be used without restriction must be provided and its length must be at least 12cm multiplied by the number of hens in the cage.
Water
- Each cage must have a drinking system appropriate to the size of the group and where nipple drinkers are provided, at least 2 nipple drinkers or 2 drinking cups must be within the reach of each hen.
In Great Britain (GB), producers are not permitted to keep breeder layer birds (parent stock) in cages under voluntary farm assurance schemes rules, such as Red Tractor and RSPCA Assured. We therefore assume that the impact of this proposal on these producers will be minimal, but we would like to formally capture this part of the production chain. Breeder layers kept to produce hatching eggs for the next generation of egg laying hens (supplying eggs for consumption) are not currently within scope of the cage requirements in The Welfare of Farmed Animals (Scotland) Regulations 2010.
Proposal
Consumer demand for laying hen systems which do not confine the birds is reflected in the market split in method of production in Scotland. The latest figures demonstrate that 82% of egg production is from non-cage egg production farms in Scotland.
At the end of 2022, in GB overall 61.4% of production was free range – significantly larger than any European Union country, 28.1% in enriched cages, 3% organic and 6.8% barn. In the UK, free-range sales represent 71% of retail egg sales, double their level in 2004 (32%).
In 2016, as a result of this gradual shift towards non-cage production, the major supermarkets pledged that they would stop selling shell eggs from hens kept in enriched cages by 2025 and some have already done so. In addition, some retailers have extended the 2025 pledge to the eggs used in their processed products, such as powder or liquid egg.
Whilst the retailer pledge is welcome, it only goes so far and will not, on its own, raise welfare standards across the whole of the laying hen industry. Government intervention is needed to address the welfare of laying hens producing eggs for those retailers who haven’t signed the pledge and for the food service and egg processing markets to ensure a complete ban.
In considering how best to improve the welfare of laying hens, we have the following three options for consideration:
- Option 1 - a 2030 ban on enriched cage production
- Option 2 - a 2030 ban on the instalment of new cages leading to a 2034 ban on enriched cage production. This is the suggested option for consideration as we consider that it most effectively balances improvements in bird welfare and ensures sustainability for the laying hen sector, as well as being aligned with possible changes in the EU as far as these can be foreseen at this point in time.
- Option 3 (the non-regulatory option), - an information campaign aimed at consumers to encourage all retailers who have not signed up to the retailer pledge and caterers to commit to stop stocking/selling eggs or egg products from enriched cages by 2034.
Options 1-2 also include a ban on (barren) battery cages for pullets, breeder layers, and laying hen units with fewer than 350 birds, which are currently exempt from the (barren) battery cage ban. This would result in a ban on all cages throughout the entire laying hen sector, including small-scale commercial producers and hobby-keepers.
Option 2 is our preferred policy option and the one on which views are invited in this consultation. This option seeks to achieve the policy objective by balancing improvements in the welfare of laying hens and pullets, whilst ensuring sustainability for Scottish laying hen producers and pullet rearers. A 10-year transition period to phase out the use of existing enriched cages seeks to give industry an appropriate time period to move to non-cage systems.
Our proposal to phase out the use of cages includes the use of combination (‘combi’) housing. Combi housing is a multi-tiered system which allow birds to roam when the cage doors are opened, but is a caged system when the doors are closed and thus confines the birds. These systems are already not permitted under the egg industry’s British Lion Code of Practice, covering the whole of the production process.
The proposal would also ban any (barren) battery cages which remain in use for laying hen units with fewer than 350 birds, pullets and breeder layers. This would result in a ban on all cages throughout the entire laying hen sector in Scotland, including small-scale commercial producers and hobby-keepers.
The below sets out the core elements of the suggested policy proposal for consultation, Option 2:
From 2030, a ban on the building or bringing into service for the first time any enriched cage system for the keeping of laying hens (including those in establishments with fewer than 350 birds), pullets and breeder layers;
From 2030, a ban on the use of existing (barren) and enriched cages for the keeping of laying hens in establishments with fewer than 350 birds, pullets and breeder layer birds, and;
From 2034, a ban on the use of existing enriched cages for the keeping of laying hens (including those in establishments with fewer than 350 birds), pullets and breeder layer birds.
Impact of proposal
For the proposes of this consultation we have used industry recognised average figures to estimate the costs per bird for converting from enriched cages to barn and the production costs per dozen eggs for each for enriched cages, barn eggs and free range eggs.
Consultation questions
Animal Welfare
1. Our aim is to improve the welfare of laying hens, pullets and breeder layers and the policy proposal seeks to achieve this by reducing confinement of birds and ensuring that their behavioural needs are better met in non-caged systems.
Q1. a) Do you think that a ban on cages and a move to non-cage systems will allow birds to better express their normal behaviours?
Yes
Partially
No
Q1. b) Please explain your answer to Q1. a).
Q2. a) Do you think that housing birds in non-cage systems will improve other welfare outcomes in addition to normal behaviours?
Yes
Partially
No
Q2. b) Please explain your answer to Q2. a).
Policy proposal
Q3. a) Do you agree with our proposal to introduce a ban on the installation of new enriched cages across the laying hen sector (laying hens, pullets and breeder layers) in 2030?
Yes
No, it is too early
No, I don’t agree with a ban
Q3. b) Please explain your answer to Q3. a).
Q4. a) Do you agree that a 10-year transition period, starting in 2024 to a full ban on enriched cages in Scotland across the laying hen sector in 2034 (laying hens, pullets and breeder layers) is the right phase in period?
Yes
No, it is too long
No, it is too short
No, I don’t agree with a ban
Q4. b) Please explain your answer to Q4. a).
Q5. a) Do you agree with the proposal to ban (barren) battery cages in 2030: for smaller scale commercial units or hobby-keepers with fewer than 350 laying hens?
Yes
No
Q5. b) Please explain your answer to Q5. a)
Q6. a) Do you agree with the proposal to ban (barren) battery cages in 2030: for breeder layers?
Yes
No
Q6. b Please explain your answer to Q6. a
Q7. a) Do you agree with the proposal to ban (barren) battery cages in 2030: for pullets?
Yes
No
Q7. b) Please explain your answer to Q7. a)
Capital costs
The figures detailed below are estimated average capital costs of converting enriched cages to barn or to free range:
i) £35[8]-£42[9] per hen place for new barn buildings or to free range. This cost relates to the upfront capital cost of installing a new building, appropriate equipment (such as ventilation systems, feed systems and perches), and purchasing/renting any land required, and;
ii) £16-£20[10] per hen place of converting existing capacity from enriched cage production to barn production. The estimated capital costs of converting from enriched cages are smaller than the costs of building equivalent new barns because it is assumed that the building structure could remain. Nevertheless, there would still be the cost of removal and disposal of the enriched cages and the installation of new equipment for non-cage systems (such as ventilation systems, feed systems and perches) where necessary.
Q8. a) Do you agree with these estimates?
Yes
No, the costs are too high
No, the costs are too low
Q8. b) If you answered ‘No’ to Q8. a), please provide any evidence you can to support your view.
Production costs
2. The estimated average production costs (excluding housing) per dozen eggs from enriched cage, barn, and free-range systems range from 77.8p/doz[11] for enriched cages to 92.8p/doz[12] for free range eggs.
Q9. a) Do you agree with the estimated production costs detailed above?
Yes
No
Q9. b) If you answered ‘No’ to Q9. a), please explain your answer and provide any evidence you can to support your view.
Laying hen industry
3. This section considers impacts of this proposal across the industry and seeks views from those producing breeder layers, those rearing pullets and laying hens (including those smaller scale commercial producers keeping fewer than 350 laying hens).
Q10. a) In the event of a ban on the use of cages, what production system will you move to and why?
a barn system
a free-range system
an organic system
exit the industry
unsure
Q10. b) Please explain your answer to Q10. a).
Enriched cage production
Q11. The number of birds that can be housed in non-cage systems are lower than the number housed in enriched cages. Can you estimate the likely fall in capacity when moving from a enriched cage to each of these systems?
a) barn system
b) free-range system
c) organic system
Q12. a) To account for the likely reduction in capacity, existing producers may need to build new housing, and obtain planning permission for this. If you are able to provide an indication or estimate as to how long it has taken or would take to obtain planning permission:
3 – 6 months
6 – 12 months
12 – 18 months
Longer than 18 months
Q12. b) If you are able to provide either a costing or estimated cost to build new housing, please complete the following:
a) for a free-range system
b) for a barn system
c) for an organic system
Q13. We have assumed in the consultation that it would take 6 months of production downtime to convert from a enriched cage to a non-cage system.
a) Do you agree with this assumption?
Yes
No
Q13. b) Please explain your answer to Q13. a)
Q13. c) How would this vary according to size of flock?
Q14. If you have enriched cages, when were you planning to replace or refurbish the cages?
Next 3-5 years
Next 5-8 years
Next 8-12 years
Not considered
I was already planning to switch to a non-cage system
Q15. Can you provide an estimate of the cost of this replacement per laying hen?
Q16. In your view, what training (in hours) would be needed for keepers currently working with enriched cage systems to be able to manage a barn or free-range flock?
Q17. What is the likely cost of this training?
Pullet rearing
4. The consultation considers two types of non-cage systems used for pullet rearing, as an alternative to enriched cages. These are a single floor litter system (flat deck) and a multi-tier litter system. This section seeks information on impacts of moving from a cage to a type of litter system.
Q18. Please estimate how much it would cost per pullet to convert from a cage to a litter system? i.e., including stockman training cost. Please specify whether this would be for a single or a multi-tier system.
Q19. a) Please estimate how long it would take (in months) to convert from a cage to a litter system?
1-2 Months
3-4 Months
5-6 Months
More than 6 months – please specify
Q19. b) Please specify which type of litter system. E.g. Flat deck, multi-tier, all litter
Q20. a) What is the difference in production cost per pullet of rearing in a cage versus in a litter system?
Q20 b) Please specify which type of litter system and, if possible, the breakdown of the costs.
Breeder layers
Q21. a) If you are a breeder layer producer using cages rather than slats or deep litter please set out the impact this policy proposal will have on your business? For example, in terms of production and planning costs and cost of changing the infrastructure.
Q21. b) Would you consider moving to a non-caged system if there was no legal requirement to do so? Please explain your answer.
Q21. c) Would you consider leaving the sector altogether if a ban on caged-hen laying was introduced? Please explain your answer.
(Barren) battery cage production
Q22. a) If you are a laying hen producer keeping fewer than 350 birds in (barren) battery cages, please set out the impact that prohibiting the use of all cages for laying hens will have on your business? For example, in terms of production and planning costs and cost of changing the infrastructure.
Q22. b) Would you consider moving to a non-caged system if there was no legal requirement to do so? Please explain your answer.
Q22. c) Would you consider leaving the sector altogether if a ban on caged-hen laying was introduced? Please explain your answer.
Further comments
Q23. Please provide any comments or evidence on the environmental impacts the proposed policy may have.
Q24. Please provide any comments or evidence you feel should be considered concerning the socio-economic impact the proposed policy may have on both producers and consumers. Please explain your answer.
Q25. Please provide any further considerations you feel should be noted when considering this policy proposal. Please explain your answer.
Contact
Email: animal.health@gov.scot
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