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Section V of our Initial Report contains governance recommendations (both legal and non-legal) in respect of proposed tools and mechanisms, including for increased accountability and transparency of, and engagement with Corporations and improved welfare and well-being for the animals implicated in the Egg Industry. In addition, due to the fact that one of our aims of this Initial Report is to educate consumers and the public more broadly on animal welfare and well-being practices in and the regulation of the Egg Industry, some of the recommendations are aimed at consumers and /or the public. We believe in the adage, “knowledge is power” and by empowering consumers with knowledge related to Corporations’ welfare practices, we can encourage consumers to demand meaningful action be taken by Corporations regarding their Layer Hen and Chick welfare practices as well as by the government relating to laws to protect them.
Our recommendations include:
I. NON-LEGAL AVENUES AND TOOLS
II. LEGAL AVENUES AND TOOLS: LEGISLATION
ALRSA encourages the Selected Stakeholders who have not yet done so, as well as other stakeholders operating within the Egg Industry in South Africa to make cage free commitments. For those Corporations who have already made such Animal Welfare Commitments, these must be fulfilled through transparent reporting on their progress and any deviations therefrom. Stakeholder engagement and compliance with PAIA is one way to monitor fulfilment
In addition to making specific Cage Free Commitments, Corporations can make additional commitments which will have positive impacts on animal welfare and well-being. For example, they can introduce an Internal Policy stating that they will only procure free-range eggs or avoid certain products, or that they will not support suppliers who undertake certain Cruel Practices or supply certain products.
Corporations supplying foodstuffs, including eggs, to the public should operate in the spirit of transparency including in relation to their supply chain and sourcing. While there are numerous issues of relevance that could be highlighted in support of transparency, several specific recommendations have been included below as minimum requirements in moving towards a more transparent Egg Industry in South Africa including Reporting on Animal Welfare, Reporting on Adverse Findings, Reporting on Sourcing and Supply Chain and PAIA recommendations.
Corporations within the Egg Industry cooperate and engage with the animal protection sector in an effective manner, as important representatives of civil society (including animal, human and environmental interests) on public interest matters. This includes responding to requests (for information or engagement through meetings) in a manner that is not hostile and remaining open to hear and discuss proposals put forward (including about Animal Welfare Commitments). Civil society organisations play a crucial role in assisting the public with the enforcement of their rights and in particular, alliances of various organisations.
It is recommended that Corporations make commitments to source from certified sources with higher welfare standards and aligned with best international practices. Consumers should be informed of the existence of different Third-Party Certifications and what these standards actually require of producers, specifically in relation to eggs. This information should be made available by those stakeholders who supply eggs directly to the public – for example retailers, restaurants, fast food chains, hotels and others. This will ensure Consumers have knowledge of such Third-Party Certifications and what they mean.
It is recommended that Corporations develop, publish and implement robust internal policies relating to animal welfare, environment, and issues implicated in the other Pillars (such as in relation to consumer protection; food safety and health, and social issues and rights). Corporations should further reinforce their commitments and respective stances for enhancing animal welfare with the development of their own Internal Policies. This could include comprehensive Progressive Measures to address Cruel Practices, specifically regarding Layer Hens and Chicks. Internal Policies should contain specific references to harmful welfare practices and the stakeholder’s response towards permitting, phasing out or, optimistically, the complete prohibition of common yet harmful Cruel Practices. Furthermore, these Internal Policies should be further monitored, updated and enforced regularly to its suppliers and customers, as applicable.
South Africa should expressly recognise the sentience of animals in law as many other countries have done, as further elaborated on in the Animal Welfare Pillar in Section III of our Report.
South Africa should enact a legislative ban on the use of Battery Cages for Egg Laying Hens as several other countries have done, as further set out in the Animal Welfare Pillar in Section III of our Report.
South Africa should enact a legislative ban on the practice of beak trimming as several other countries have done, as further set out in the Animal Welfare Pillar in Section III of our Report.
South Africa should enact a legislative ban on the culling of male Chicks as well as the methods of killing them as several other countries have done, as further set out in the Animal Welfare Pillar in Section III of our Report.
South Africa should enact legislative bans on other Cruel Practices not specifically mentioned above but which are considered to be cruel and/or for which alternatives are available. This could include but not be limited to de-toeing.
South Africa should enact positive legal standards for chickens implicated in the Egg Industry, including setting out requirements aligned with the Five Domains. This is in addition to negative standards such as the prohibition of cruelty. Such standards must be legally binding and enforceable. These cannot exist merely as “soft laws” of voluntary standards.
The NSPCA (and other bodies enforcing legislation impacting the Egg Industry including but not limited to the APA) should be required to report on enforcement of the APA such as through the requirement to maintain a database of its inspections and any actions taken in respect of citations; warnings; notices; letters; and otherwise (without breaching the provisions of any other law). Consumers and members of the public should be able to access such a database to view which stakeholders and actors within their supply chain are included in the database and for what issues.
South Africa (particularly the Poultry Industry and Egg Industry) should initiate efforts in respect of ovo-sexing as well as investments into research and development for such technologies as other countries have done (as further described in the Animal Welfare Pillar in Section III above). Including requirements for this in legislation will ensure these efforts and investments are critical to reduce the suffering and killing of male Chicks.
Inclusion as listed activities and licensing: NEMA and various SEMAs impose duties of care upon stakeholders (including Layer Hen farms) to take reasonable measures to protect the environment, water resources, air quality, and to manage waste responsibly. Given the significant environmental impacts of factory farming, a full scoping and impact assessment should be required in order that the full extent and impact of the egg production process be properly assessed and considered by the DFFE. In addition, Animal well-being should also be expressly included as a consideration in the application process as well as in the licence conditions. This should be done in order to fulfil the DFFE mandate in respect of animal well-being as part of the constitutional environmental right.
It is recommended that the DFFE be obliged to conduct increased reporting on animal well-being, and not only wildlife crimes, as part of their NECERs, with express naming and shaming of Corporations that routinely commit Cruel Practices in the Egg Industry. This should be done with a level of urgency and seriousness, akin to the environmental impacts on natural resources such as water, land, water and air quality, and efforts to address climate change.
It is recommended that climate change law and policy reform should introduce specific mitigation and adaptation measures due to the significant contributions of livestock systems to GHG emissions. These could include measures such as improving manure management, soil and nutrient management, water management, implementing cooling systems, improving livestock management, and feeding practices for animals, and modifying demand practices (such as dietary choices).
Various topics discussed or introduced in this Initial Report warrant further research and exploration, and additional topics not covered, should also be further explored. A few initial suggestions include:
