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Written question asked by Mike Hancock (Liberal Democrat) on Thursday, 21 April 2011, in the House of Commons. It was due for an answer on Wednesday, 27 April 2011. It was answered by James Paice (Conservative) on Monday, 9 May 2011 on behalf of the Department for Environment, Food and Rural Affairs.

Tortoises: Shipping

Question
To ask the Secretary of State for Environment, Food and Rural Affairs what steps her Department is taking to end the practice of shipping to customers by mail services tortoises which have been purchased over the internet.
Answer

The dispatch of the majority of live animals by post is prohibited by both animal welfare legislation and post operator guidelines.Under the Animal Welfare Act 2006 it is an offence to cause any unnecessary suffering to an animal that is under the control of man or for an owner or keeper to fail to provide for an animal's welfare needs. Ultimately it would be for a court to decide, but it is realistic to assume that sending a tortoise through the post without taking appropriate care to secure the health and welfare of the animal, would be an offence under the 2006 Act. The maximum penalty under the 2006 Act for causing unnecessary suffering is a fine of £20,000, or six months imprisonment, or both.Royal Mail and Parcelforce do not carry live animals. Many courier companies that do their own hand deliveries also operate a total ban on the transport of live animals. Any postal operator or courier that does transport live animals needs to comply with EU welfare during transport legislation (Council Regulation (EC) No. 1/2005). The regulation is implemented in England by the Welfare of Animals (Transport) (England) Order 2006 (WATEO) and by parallel legislation in Scotland, Wales and Northern Ireland.It is an offence under this legislation to transport animals or cause animals to be transported in a way likely to cause, injury or unnecessary suffering to that animal. Animals must be transported in a receptacle or means of transport that has appropriate space, ventilation, temperature, security, liquid and oxygen for the species concerned. Primary responsibility for enforcement of welfare during transport legislation rests with local authorities. Transporters found to be in breach of Regulation 1/2005 or WATEO could be subject to enforcement action.All tortoises are covered by the convention on international trade in endangered species (CITES) and as such commercial trade would generally be subject to a strict licensing system except where that trade is within the EU.Local Government Regulation (formerly LACORS) produced an overview in 2008 of the rules relating to the dispatch of living creatures by post. This can be seen at:"http://www.lacors.gov.uk/lacors/NewsArticleDetails.aspx?id=20510"

Secondary information

Type
Written question
Reference
53158; 527 c942W
Session
2010-12
Subjects
Transport Tortoises
Link
View this Written question on www.publications.parliament.uk