The Court of Appeal has ruled against claims by animal welfare campaigners that the use of fast-growing chicken breeds in poultry supply chains are unlawful.
However, the campaigners have claimed the ruling could still result in “seismic change for billions of chickens”.
The appeal case against Defra, brought by the Humane League UK and supported by the RSPCA, followed the rejection of an earlier legal challenge at the High Court in May 2023.
That challenge claimed Defra’s permitting of the rearing of so-called ‘frankenchickens’ was unlawful in relation to the Welfare of Farmed Animals Regulations 2007. But the court deemed it was up to the keepers of fast-growing breeds to ensure “they can be kept in appropriate conditions without any obvious or deleterious effect on their health or welfare”.
Following a Court of Appeal hearing in October, a ruling announced on Friday again dismissed the claim the Defra secretary of state was acting unlawfully.
But in a dismissal that the Humane League and RSPCA described as a technicality, the judgement “clearly stated”, and for the first time, that it was unlawful for farm animals to suffer because of their genes, the RSPCA said.
The Humane League added judges had ruled in favour of its main argument – “that the law says that animals should not be kept in the UK if it means they will suffer because of how they have been bred”.
Because Defra has been silent on fast-growing breeds of chicken, “the judges found they had no concrete policy that they could rule against”, the Humane League claimed.
“While this ruling has failed to force the government to act, it has confirmed our view that farmers are acting criminally by using fast-growing breeds. We will now explore bringing private prosecutions against mega-farms that use frankenchickens,” it added.
The judgement “agrees with the view of the RSPCA that fast-growing chickens can only be kept if there is ‘no detriment’ to their health and welfare – no matter how profitable or convenient a breed might be for a farmer”, the RSPCA said.
“It also states that keepers must take steps to inform themselves about how breeding impacts welfare, and specifies that improved productivity is not a defence against causing suffering,” it added.
“We believe that for the first time, we have clarity that the keeping of fast-growing chickens is very likely to be unlawful where they suffer from significant health and welfare problems – which the weight of evidence clearly shows they do,” said RSPCA director of policy Emma Slawinski.
Responding to the ruling, the British Poultry Council took a different view. It said its members already “adhere to stringent guidelines, prioritising bird welfare to nurture the trust and confidence consumers have in UK welfare standards”.
CEO Richard Griffiths said: “Claims that our producers do not uphold world-class standards undermine the decades of innovation and investment that define British poultry. Over 90% of production is Red Tractor-certified, and BPC members work closely with regulators to consistently improve welfare.”
A Defra spokeswoman said the government welcomed the judgement. “Our farm animals are protected by robust animal health and welfare laws, which includes detailed requirements on how meat chickens should be kept.
“Any potential breaches of these laws are taken very seriously, and we will continue to work with all stakeholders to maintain and enhance our high standards.”
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