{"id":"tas:sr-2023-053","name":"Animal Welfare (Domestic Poultry) Regulations (No. 2) 2023","slug":"animal-welfare-domestic-poultry-regulations-no-2-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"53 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179361,"registerId":"tas-tas:sr-2023-053-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Animal Welfare (Domestic Poultry) Regulations (No. 2) 2023](/view/html/inforce/2026-04-12/sr-2023-053) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***accredited egg producer*** has the same meaning as in the [Primary Produce Safety (Egg) Regulations 2014](/view/html/inforce/2026-04-12/sr-2014-151) ;\n> \n> > ***Act*** means the [Animal Welfare Act 1993](/view/html/inforce/2026-04-12/act-1993-063) ;\n> \n> > ***baffle*** means a metal shield attached to, and protruding into, the inside lower front of a cage used to keep laying fowl;\n> \n> > ***cage egg producer*** means –\n> > \n> > > > (a) an existing cage egg producer; or\n> > > \n> > > > (b) a new cage egg producer;\n> \n> > ***drinker*** means –\n> > \n> > > > (a) a cup that –\n> > > > \n> > > > > > (i) is attached to a water line; and\n> > > > > \n> > > > > > (ii) has a lever or other device in it; and\n> > > > > \n> > > > > > (iii) is filled with water if pressure is applied to the lever or device; or\n> > > \n> > > > (b) a nipple that is attached to a water line;\n> \n> > ***egg business*** has the same meaning as in the [Primary Produce Safety (Egg) Regulations 2014](/view/html/inforce/2026-04-12/sr-2014-151) ;\n> \n> > ***enclosure*** means any enclosed structure, whether or not that structure has a roof, in which a hen is kept;\n> \n> > ***existing cage egg producer*** means a person who, immediately before the commencement of these regulations, was –\n> > \n> > > > (a) an accredited egg producer; and\n> > > \n> > > > (b) the proprietor of an egg business that involves the keeping of laying fowls –\n> > > > \n> > > > > > (i) in cages for a commercial purpose; and\n> > > > > \n> > > > > > (ii) in a quantity that was equal to, or less than, the maximum hen capacity for that cage egg producer;\n> \n> > ***hen*** means a domestic fowl of the species *Gallus gallus*;\n> \n> > ***laying fowl*** means a female hen of at least 18 weeks of age;\n> \n> > ***maximum hen capacity***, in relation to a cage egg producer, means the maximum number of laying fowls determined under [regulation 4](#GS4@EN) in respect of the cage egg producer;\n> \n> > ***new cage egg producer*** means a person who is –\n> > \n> > > > (a) an accredited egg producer; and\n> > > \n> > > > (b) the proprietor of an egg business that – \n> > > > \n> > > > > > (i) was purchased by the producer from an existing cage egg producer; and\n> > > > > \n> > > > > > (ii) involves the keeping of laying fowls – \n> > > > > > \n> > > > > > > > (a) in cages for a commercial purpose; and\n> > > > > > > \n> > > > > > > > (b) in a quantity that is equal to, or less than, the maximum hen capacity applying to the egg business at the time when it was purchased from the existing cage egg producer.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Determination of maximum hen capacity","content":"### 4 Determination of maximum hen capacity\n\n> > (1)  The Minister may determine the maximum number of laying fowls that a cage egg producer may house in cages.\n> \n> > (2)  In making a determination under [subregulation (1)](#GS4@Gs1@EN) in respect of a cage egg producer, the Minister is to take into account –\n> > \n> > > > (a) the maximum number of laying fowls that may be housed, in accordance with [regulation 6](#GS6@EN) , in cages owned or operated by that cage egg producer at the time when the determination is made; and\n> > > \n> > > > (b) submissions made by the cage egg producer in respect of the determination; and\n> > > \n> > > > (c) matters or information that the Minister thinks relevant.\n> \n> > (3)  A determination under [subregulation (1)](#GS4@Gs1@EN) takes effect on –\n> > \n> > > > (a) the day on which a written copy of the determination is given to the cage egg producer to which the determination relates; or\n> > > \n> > > > (b) such later day as is specified in the determination.\n> \n> > (4)  [*\\[Regulation 4 Subregulation (4) amended by No. 7 of 2025, s. 14, Applied:01 Jul 2025\\]*](/view/html/inforce/2025-07-01/act-2025-007#GS14@EN) A cage egg producer aggrieved by a determination under this regulation may appeal to the Tasmanian Civil and Administrative Tribunal for a review of the determination.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Floor area requirements generally","content":"### 5 Floor area requirements generally\n\n> > (1)  In this regulation –\n> > \n> > > ***useable area*** means the area within an enclosure used to keep laying fowls that is easily accessible to each laying fowl, such as areas of the enclosure that are arranged in levels and any area occupied by feeding and watering equipment or nest boxes.\n> \n> > (2)  This regulation does not apply to laying fowls kept in cages by a cage egg producer if the cage egg producer keeps laying fowls in cages in a quantity that is equal to, or less than, the maximum hen capacity for that cage egg producer.\n> \n> > (3)  A person must not keep laying fowls in an enclosure unless –\n> > \n> > > > (a) the enclosure is large enough to allow a person to –\n> > > > \n> > > > > > (i) enter the enclosure; and\n> > > > > \n> > > > > > (ii) move around inside the enclosure, while standing completely upright, to inspect all laying fowls kept within the enclosure; and\n> > > \n> > > > (b) each laying fowl can move freely within the enclosure; and\n> > > \n> > > > (c) the stocking density of laying fowls within the enclosure does not exceed 30 kilograms per square metre of the useable area of the enclosure; and\n> > > \n> > > > (d) the enclosure is designed to ensure that each laying fowl within the enclosure –\n> > > > \n> > > > > > (i) is visible to an extent that allows the person inspecting the laying fowl to make a general assessment of its health and wellbeing; and\n> > > > > \n> > > > > > (ii) has headroom of no less than 45 centimetres while within the enclosure; and\n> > > > > \n> > > > > > (iii) may be easily removed from all areas of the enclosure; and\n> > > > > \n> > > > > > (iv) is protected from excreta from laying fowls, if any, kept on a higher tier of the enclosure; and\n> > > > > \n> > > > > > (v) has reasonable access to feeding and watering equipment.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.\n> \n> > (4)  For the purposes of [subregulation (3)(d)(v)](#GS5@Gs3@Hpd@Hqv@EN) , a laying fowl has reasonable access to feeding and watering equipment if the enclosure in which the laying fowl is kept –\n> > \n> > > > (a) has at least –\n> > > > \n> > > > > > (i) one pan feeder for every 100 birds; or\n> > > > > \n> > > > > > (ii) 2 centimetres per bird along one edge of a flat chain feeder; and\n> > > \n> > > > (b) has at least –\n> > > > \n> > > > > > (i) one bell drinker for every 120 birds; or\n> > > > > \n> > > > > > (ii) one nipple drinker for every 20 birds.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Floor area requirements for certain commercial producers","content":"### 6 Floor area requirements for certain commercial producers\n\n> > (1)  This regulation applies to laying fowls kept in cages by a cage egg producer if the cage egg producer keeps laying fowls in cages in a quantity that is equal to, or less than, the maximum hen capacity for that cage egg producer.\n> \n> > (2)  A person must not keep laying fowls in a cage unless the floor area of the cage, including the floor area under the baffle, is at least –\n> > \n> > > > (a) 1 000 square centimetres, if one laying fowl is in the cage; or\n> > > \n> > > > (b) 675 square centimetres for each laying fowl, if 2 laying fowls are in the cage; or\n> > > \n> > > > (c) 550 square centimetres for each laying fowl, if –\n> > > > \n> > > > > > (i) 3 or more laying fowls are in the cage; and\n> > > > > \n> > > > > > (ii) the average weight of the laying fowls is less than 2.4 kilograms; or\n> > > \n> > > > (d) 600 square centimetres for each laying fowl, if –\n> > > > \n> > > > > > (i) 3 or more laying fowls are in the cage; and\n> > > > > \n> > > > > > (ii) the average weight of the laying fowls is 2.4 kilograms or more.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.\n> \n> > (3)  A person must not keep laying fowls in a cage unless the floor of the cage provides support for each forward-pointing toe of each of those laying fowls.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.\n> \n> > (4)  If 2 or more cages are arranged in vertical tiers, a person must not keep laying fowls in any of those cages unless each of those laying fowls –\n> > \n> > > > (a) is visible to an extent that allows a person inspecting the laying fowl to make a general assessment about the laying fowl's health and wellbeing; and\n> > > \n> > > > (b) can easily be removed from the cage; and\n> > > \n> > > > (c) is protected from excreta from laying fowls, if any, kept in a cage on a higher tier of the arrangement.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.\n> \n> > (5)  A person must not keep laying fowls in a cage unless –\n> > \n> > > > (a) each of those laying fowls can reasonably access –\n> > > > \n> > > > > > (i) a food trough; and\n> > > > > \n> > > > > > (ii) either a water trough or 2 or more drinkers; and\n> > > \n> > > > (b) the length of the food trough allows a space of at least 10 centimetres of access for each of those laying fowls; and\n> > > \n> > > > (c) if a water trough is used, the length of the water trough allows a space of at least 10 centimetres of access for each of those laying fowls.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.\n> \n> > (6)  A person must not keep laying fowls in a cage unless –\n> > \n> > > > (a) the height of the cage is –\n> > > > \n> > > > > > (i) more than the height of each of those laying fowls; and\n> > > > > \n> > > > > > (ii) at least 40 centimetres for not less than 65% of the floor area of the cage; and\n> > > > > \n> > > > > > (iii) not less than 35 centimetres at any point; and\n> > > \n> > > > (b) the width of the door of the cage is –\n> > > > \n> > > > > > (i) if the width of the cage is 50 centimetres or less, the same width as the cage; or\n> > > > > \n> > > > > > (ii) if the width of the cage is more than 50 centimetres, not less than 50 centimetres; and\n> > > \n> > > > (c) the height of the door of the cage is not less than the height of the cage less –\n> > > > \n> > > > > > (i) the height of the food trough; and\n> > > > > \n> > > > > > (ii) the height of the baffle; and\n> > > > > \n> > > > > > (iii) the height of any fixed horizontal framework from which the cage door is hinged.\n> > \n> > Penalty:  Fine not exceeding 20 penalty units.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Infringement notices","content":"### 7 Infringement notices\n\n> For the purposes of the Act, the applicable penalty for an infringement notice issued in respect of an offence specified in column 1 of the table in [Schedule 1](#JS1@EN) is –\n> \n> > > (a) in the case of an infringement notice issued to an individual, the penalty specified in column 2 of that table for the offence; and\n> > \n> > > (b) in the case of an infringement notice issued to a body corporate, the penalty specified in column 3 of that table for the offence.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Legislation rescinded","content":"### 8 Legislation rescinded\n\n> The legislation specified in Schedule 2 is rescinded.","sortOrder":7},{"sectionNumber":"SCHEDULE 1 - Infringement noti","sectionType":"part","heading":"SCHEDULE 1 - Infringement notices","content":"# SCHEDULE 1 - Infringement noti SCHEDULE 1 - Infringement notices\n\n[Regulation 7](#GS7@EN)\n\n|  | Offence | Penalty – Individual (Penalty units) | Penalty – Body corporate (Penalty units) |\n| 1. | Regulation 5(3) | 2 | 10 |\n| 2. | Regulation 6(2) | 2 | 10 |\n| 3. | Regulation 6(3) | 2 | 10 |\n| 4. | Regulation 6(4) | 2 | 10 |\n| 5. | Regulation 6(5) | 2 | 10 |\n| 6. | Regulation 6(6) | 2 | 10 |","sortOrder":8},{"sectionNumber":"SCHEDULE 2 - Legislation Resci","sectionType":"part","heading":"SCHEDULE 2 - Legislation Rescinded","content":"# SCHEDULE 2 - Legislation Resci SCHEDULE 2 - Legislation Rescinded\n\n[Regulation 8](#GS8@EN)\n\n*Animal Welfare (Domestic Poultry) Regulations 2023*\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 12 July 2023\n\nThese regulations are administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":9}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears tightly focused on its original purpose of regulating housing standards for domestic poultry (specifically laying hens). The scope covers cage and non-cage systems, establishes housing standards, creates an administrative cap system for cage producers, and provides enforcement mechanisms. There is no evidence of scope creep into unrelated areas such as slaughter standards, transport, breeding, or other livestock species."},"complexity_factors":["Dual regulatory tracks: The legislation operates two parallel but distinct regulatory schemes — one for cage egg producers (Regulation 6) and one for non-cage systems (Regulation 5) — with specific cross-references determining which applies when","Nested defined terms: 'Cage egg producer' is defined by reference to 'existing cage egg producer' and 'new cage egg producer', each with multi-element definitions involving external legislation (Primary Produce Safety (Egg) Regulations 2014)","Variable standards based on multiple conditions: Floor area requirements in Regulation 6(2) create a four-tier matrix based on (a) number of hens per cage and (b) average weight of hens, with different cm² calculations for each combination","Incorporation by reference: Three terms ('accredited egg producer', 'egg business', and implicitly the Act) are defined by reference to external legislation, requiring readers to consult other instruments","Administrative determination mechanism: Regulation 4 establishes a discretionary ministerial power with appeal rights to a tribunal, creating procedural complexity beyond simple prescriptive rules","Cumulative penalty structure: Each subregulation in Regulations 5 and 6 creates a separate offence with identical maximum penalties, plus a separate infringement notice regime in Schedule 1 with reduced penalties"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the minimum standards for how domestic chickens (laying hens) must be housed and cared for in Tasmania, with a particular focus on two different systems: **cage egg production** and **non-cage systems** (like barn-laid or free-range).\n\n**Who it affects:**\n\n*   **Cage egg producers** — people who keep hens in cages to produce eggs commercially. The rules distinguish between:\n    *   **Existing producers** — those already operating when these rules started\n    *   **New producers** — those who bought an existing cage egg business\n*   **Non-cage producers** — anyone keeping laying hens in enclosed barns or other structures (but not cages)\n*   **The Minister** — who decides the maximum number of hens each cage producer can keep\n\n**Key requirements:**\n\n**For cage systems (Regulation 6):**\n*   Minimum floor space per hen depending on how many hens share a cage (from 550–1,000 cm² per bird)\n*   Cages must be tall enough (at least 40cm for most of the floor, 35cm minimum everywhere)\n*   Floors must support the hens' toes\n*   Hens must be able to reach food and water easily\n*   Hens must be visible for health checks and protected from droppings from birds above\n\n**For non-cage systems (Regulation 5):**\n*   Maximum stocking density of 30kg of hens per square metre of usable space\n*   Enough headroom (45cm) for hens to stand properly\n*   Enough feeders and drinkers for all birds\n*   Enclosures must allow a person to enter, stand upright, and inspect all hens\n\n**The \"cap\" system:**\n\nCage egg producers get a **maximum hen capacity** — a limit on how many birds they can keep in cages. This is determined by the Minister based on what their facilities can currently house, their submissions, and other relevant factors. Producers can appeal to the Tasmanian Civil and Administrative Tribunal if they disagree with their cap.\n\n**Why it matters:**\n\nThese rules aim to balance **animal welfare** (giving hens enough space, food, water, and clean conditions) with the **economic realities** of egg farming. The \"grandfathering\" approach (protecting existing producers' capacity while restricting new entrants) represents a gradual transition away from cage systems rather than an immediate ban. The regulations also create a two-tier penalty system: serious breaches can attract fines up to 20 penalty units, while minor offences can be dealt with via infringement notices (2 penalty units for individuals, 10 for companies)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations have been amended at least once since their original 2023 introduction, with a version change effective 1 July 2025. The '(No. 2)' designation also suggests the original 2023 instrument was superseded relatively quickly, indicating the scope or content was adjusted from the initial regulatory intent. However, without full text of both versions, the precise nature of any scope change cannot be confirmed."},"complexity_factors":["Limited substantive content is visible in the provided text — only metadata and status information is available, preventing full analysis of the regulatory requirements","The '(No. 2)' designation implies a prior version exists, requiring cross-reference to understand what changed","Amendments effective from 1 July 2025 mean the current version differs from the original 2023 instrument, adding a layer of version tracking","Operates under a parent Act (likely the Animal Welfare Act 1993 (Tas)), requiring that Act to be read alongside these regulations for full understanding","Relatively narrow subject matter (domestic poultry only) keeps overall complexity low"],"plain_english_summary":"This Tasmanian regulation sets legally binding minimum welfare standards for domestic poultry (chickens, ducks, geese, turkeys), governing how they must be housed, fed, handled and cared for.  \n\nIt affects commercial producers, backyard keepers, owners and inspectors — non‑compliance can lead to fines or prosecution; the \"(No. 2) 2023\" and the 1 July 2025 commencement reflect an updated version of the rules."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"These regulations replace the earlier Animal Welfare (Domestic Poultry) Regulations 2023 (Schedule 2) and establish a new regulatory structure: they introduce a ministerially‑determined 'maximum hen capacity' for cage egg producers (reg 4), carve out cage producers operating at or below that capacity from certain enclosure rules (reg 5(2)), and set detailed cage and enclosure technical standards and infringement penalties (regs 5–7, Schedule 1). Effectively, decision authority over permitted caged flock size is concentrated in the Minister (reg 4), while compliance costs and fines fall to accredited egg producers and egg businesses (regs 3, 5–6, Schedule 1)."},"complexity_factors":["Technical specification of space and structural requirements (floor area per bird by cage occupancy and bird weight; cage height, door dimensions, toe support) — reg 6(2), 6(3), 6(6).","Stocking density and enclosure design rules that apply differently to caged and non‑caged birds (30 kg/m2 in enclosures; exclusion for cage producers under capacity) — reg 5(3)(c), reg 5(2).","Differentiation between existing and new cage egg producers and a central concept of 'maximum hen capacity' tied to ministerial determinations — definitions in reg 3; reg 4.","Ministerial discretion to determine maximum hen capacity with broad evidence criteria ('matters the Minister thinks relevant') and consideration of producer submissions — reg 4(2)(b)–(c).","Enforcement and penalty framework uses both monetary penalties and infringement notices with different scales for individuals and corporations — reg 5–6 penalties; reg 7 and Schedule 1.","Right of review to the Tasmanian Civil and Administrative Tribunal for aggrieved producers, adding an administrative-judicial layer — reg 4(4).","Interplay with other legislation through incorporated definitions (Primary Produce Safety (Egg) Regulations 2014; Animal Welfare Act 1993), creating cross‑regulatory compliance obligations — reg 3.","Operational compliance demands (visibility for inspection, access to feeders/drinkers, protection from excreta) that affect day‑to‑day farm layout and labour for inspections — reg 5(3)(d), reg 6(4)–(5)."],"plain_english_summary":"These regulations set mandatory housing and husbandry standards for commercial laying hens: minimum cage and enclosure sizes, stocking density limits, feeding and watering access, and inspection/visibility requirements. They affect accredited egg producers and specifically define and regulate “cage egg producers”, allowing the Minister to set a maximum hen capacity for each cage operation.\n\nThe Minister decides capacity limits (reg 4); producers who exceed or fail to meet the standards face fines or infringement notices (regs 5–7, Schedule 1). Compliance will change how producers design housing, stock birds and manage feeding/watering."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/animal-welfare-domestic-poultry-regulations-no-2-2023","history":"/api/acts/animal-welfare-domestic-poultry-regulations-no-2-2023/history","analysis":"/api/acts/animal-welfare-domestic-poultry-regulations-no-2-2023/analysis","conflicts":"/api/acts/animal-welfare-domestic-poultry-regulations-no-2-2023/conflicts","importantCases":"/api/acts/animal-welfare-domestic-poultry-regulations-no-2-2023/important-cases","documents":"/api/acts/animal-welfare-domestic-poultry-regulations-no-2-2023/documents"}}