Statutory Management Requirements

Statutory Management Requirements (SMRs) FAQs

SMR 1: Wild birds

Q. Currently ‘general licences’ are available to land owners for the killing of avian pest species including pigeons and crows, by specific means including by the use of authorised traps and shooting. Are these general licences still valid and can authorised persons relying on a licence continue to practice the defined means of control stated therein?

A. The general licences are valid in England, unless previously revoked, until the end of the calendar year. They are typically re-issued the following year. The content of the licences may be changed from time to time and so persons relying upon them must be aware of the content (e.g. certain bird species may be removed from the licence’s list of species). Authorised persons (commonly landowners and occupiers) must comply with the terms and conditions of the licences and they can only be used for the purposes for which the licences are granted. Persons relying on the licence for the purposes of preventing the spread of disease and preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or inland waters must be satisfied that non-lethal methods of resolving the problem are ineffective or impracticable; that is, there was no other satisfactory solution. Where decoy birds are used in cage traps, they must be provided with adequate food, water, appropriate shelter and a perch for the entire period they are used. This means water must be available to the decoy bird 24 hours a day.

Q. Can I shoot pigeons that are feeding on my rape crop?

A. Under Section 16 of the Wildlife and Countryside Act 1981 (as amended), Natural England has issued a general licence for purposes including preventing serious damage to crops from species including feral pigeon (Columba livia) and woodpigeon (Columba palumbus). An authorised person relying on this licence as a defence must be satisfied that non-lethal methods of resolving the problem are ineffective or impracticable. The licence does not permit action to prevent nuisance.

Q. How do I find out if my land is in a Special Protection Area (SPA)?

A. You can find out if your land is in a SPA by contacting Natural England on 0845 600 3078 or by searching the Nature on the Map website at www.natureonthemap.org.uk or www.natureonthemap.co.uk.

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SMR 2: Groundwater

Q. If I take my sprayer into the field adjacent to the farm and steam clean the exterior and the washings run off the sprayer and onto and into the soil do I need an authorisation or permit? In asking the question I am suggesting that this is the sort of clean off that would occur two or three times a year and would involve removing the caked residue of pesticides that forms on the booms and nozzles. If the field used for cleaning was the last field I had sprayed, and I had just finished spraying it, would I still need an authorisation?

A. Information on the safe use of pesticides can be found in the code of practice for using plant protection products available from the Chemicals Regulation Directorate of the Health and Safety Executive (formerly the Pesticides Safety Directorate).

Section 5.5 contains specific information on disposal of dilute pesticide waste including washings.

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SMR 3: Sewage sludge

Q. I answered on the SPS claim form that I would not be using sewage sludge but I now have an opportunity to do so. Am I allowed?

A. Yes you are permitted to use sewage sludge as long as you comply with the rules of SMR 3 as set out in The Guide to Cross Compliance. If you continue to use sewage sludge please ensure that you amend the answer to the question in the following year.

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SMR 4: Nitrate vulnerable zones

(Currently empty)

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SMR 5: Habitats and Species

Q. How do I find out if my land is in a Special Area of Conservation (SAC)?

A. You can find out if your land is in a SAC by contacting Natural England on 0845 600 3078 or by searching the Nature on the Map website at www.natureonthemap.org.uk or www.natureonthemap.co.uk.

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SMR 6: Pig identification and registration

Q. What information do I need in my records when I move pigs?

A. When you move pigs on or off your holding you must make a record within 36 hours of the movement showing name and address of the person keeping the record, date of the movement, identification number or temporary mark, number of pigs, holding from which the pigs moved and holding to which the pigs moved.

Q. Should any movement documents accompany the pigs during movements?

A. Yes, you must ensure that movement documents accompany pigs during movements. You should make sure they are signed by the keeper and should show the full addresses, including postcode and CPH, of both the origin and destination of the pigs, date of the movement, number of pigs moved, identification mark of the pigs and lot number of the pigs (if moved from a market).

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SMR 7: Cattle identification and registration

If you have any queries on cattle rules regarding identification, registration, births, deaths and movements please contact the BCMS helpline on 0845 050 1234.

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SMR 8: Sheep and Goats identification

Please view specific Q&A on this subject.

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SMR 9: Restrictions on the use of plant protection products

Q. Do I need a certificate of competence to apply pesticides to my land?

A. Although everyone who uses pesticides professionally must be trained, in some situations the law states that users must have an appropriate certificate of competence. The type of certificate needed will depend on the product you are using and your individual circumstances. See Section 2 of the Code of practice for using plant protection products or www.pesticides.gov.uk for further information.

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SMR 10: Restrictions on the use of substances having hormonal or thyrostatic action and beta-agonists in farm animals

(Currently empty)

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SMR 11: Food and feed law

Q. What records do I require for SMR 11?

A. You will be asked to produce information on traceability of inputs and outputs to and from your farm. You will need to put in place systems and procedures for the traceability of inputs to your farm which identify the name and address of your supplier, the type and quantity of inputs that were supplied to you and the date of the delivery of these inputs to your farm. You will also need systems and procedures for the traceability of products when they leave your farm which identify the name and address of the businesses you supplied, the nature and quantity of the products that were supplied to those businesses and the date on which the products left your farm.

You must also produce records on the following, if relevant, veterinary medicinal products, or other treatments, given to your animals (including the dates of the treatment and the withdrawal period),the use of plant protection products and biocides, the results of any analyses carried out on samples taken from food-producing animals, plants, animal feed or other samples taken for diagnostic purposes that have importance for human and animal health and to take account of these accordingly, any relevant reports on checks carried out on animals or products of animal origin and any use of genetically modified seeds in feed production.

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SMR 12: Prevention and control of Transmissible Spongiform Encephalopathies

Q. I suspect one of my animals may have BSE, what do I do?

A. You must notify the Duty Veterinary Manager at your local Animal Health office immediately.

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SMR 13, 14 and 15: Control of foot and mouth disease, certain animal diseases and bluetongue

Q. I suspect one of my animals may have foot and mouth disease, what do I do?

A. You must notify the Duty Veterinary Manager at your local Animal Health office immediately.

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SMR 16: Welfare of calves

Q. Will an inspector monitor a farm to see if calves get colostrum in the required time?

A. No, the farmer will just be asked about his current practice.

Q. Would it be non-compliant to use calf pens with solid walls?

A. Yes, the construction of the walls must allow visual and physical contact between animals. It is acceptable to drill holes to perforate the walls (though care must be taken that this does not result in sharp edges). This does not mean that calves should touch each other; it is not a problem for a calf to be next to an empty pen.

Q. Do calves in calf hutches need to be able to touch each other?

A. No, they can be kept apart if a vet had advised to do so due to the risk of spreading disease.

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SMR 17: Welfare of pigs

Q. Is tail docking an automatic non-compliance?

A. No, but it shouldn’t be done routinely. Inspectors will also check that other aspects of pig management are correctly undertaken. Before tail-docking is carried out, other measures to improve environmental conditions or management systems must have first been taken to prevent tail biting. Where there is still evidence to show that injuries to pigs' tails by biting has occurred, tail-docking may be carried out with a method involving a quick and complete severance of the tail. Where the pig is 7 days or older, additional prolonged analgesia must be given. Tail-docking must be carried out in such a way as to minimise the pain and suffering it causes to the animal; in hygienic conditions; in accordance with good practice; by a veterinary surgeon or another person who is legally allowed, has been trained in line with the appropriate laws and is experienced in carrying out the procedures.

Q. Is hanging chains or a football sufficient to provide enrichment of the environment for pigs?

A. No, pigs need to be able to exhibit normal rooting behaviour and neither of these is considered suitable on their own.

Q. How much light is 40 Lux?

A. It is sufficient to allow you to read a newspaper with ease. The inspector will only measure the levels if it appears too dark and 36 lux will be recorded as a pass to allow for inaccuracies in the light meters.

Q. Do piglets in an outdoor system need an area away from the sow with a heat lamp?

A. No, this applies to indoor pigs only.

Q. What is considered an uneven floor?

A. One that would cause discomfort, e.g. stepped so it was difficult for an animal to lie down comfortably.

Q. At the final stages of fattening growers may not have the required space, is this a non-compliance?

A. Yes. All pigs must have their minimum allowance of unobstructed floor space.

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SMR 18: Animal Welfare

Q. Are the welfare requirements new?

A. They were new to cross compliance but are actually laws which existed before the introduction of the single farm payment. Many of the rules date from 2000 when new laws, replacing earlier farm animal legislation, were introduced.

Q. Who are the inspectors?

A. Inspectors are from Animal Health (formerly called The State Veterinary Service) and all have appropriate training; indeed, many are vets.

Q. Will the inspection take place at the same time as an RPA inspection?

A. No, the inspections are not linked to other cross compliance inspections but Animal Health is trying to ensure there is no duplication. The RPA has been provided with information on which farms Animal Health will inspect. Animal Health inspections therefore standalone from other aspects of cross compliance as many of these inspections are selected on a risk basis.

Q. Will a complaint from the public result in a cross compliance inspection?

A. Not necessarily. Animal Health will continue, as at present, to respond to specific welfare complaints but only if they find a non-compliance will a full inspection be undertaken.

Q. What will an inspector do on the farm?

A. The inspector is not there to try and find fault, they will record what they see and will talk to you to find out about the management of the animals. The inspector will provide you with a copy of the report and you will be invited to comment and asked to sign it to agree that an inspection took place. If there are non-compliances the inspector will talk these through with you and provide advice to rectify them.

Q. Will the inspector decide on the payment reduction?

A. No, the inspectors will record what they see and the RPA will decide if this has an implication for payment reduction.

Q. What are the common welfare failures?

A. The most common SMR 18 failures found during the 2008 inspection regime include:

medicine records are not kept;
mortality records are not kept;
sharp edges or protrusions in accommodation or fittings likely to cause injury;
sick animal has not been cared for appropriately;

The following are the common causes of failures for the bullet points above:

number of staff available is insufficient to prevent welfare problems occurring;
stockperson does not have the knowledge and professional skills to look after animals;
stockperson has failed to seek veterinary advice when the inspector believes that any competent stockperson would have done so;
livestock have not been inspected to the required frequency;
animals not protected from adverse weather conditions, frequency of inspection insufficient, animals do not have access to a suitable water supply;
no well-drained lying areas for stock not kept in buildings;
lack of protection for animals kept outside from risks to their health. (i.e. scrap metal with sharp protruding edges);
old machinery left in fields posing hazards;
sharp edges or protrusions in accommodation and fittings likely to cause injury;
livestock in accommodation exposed to potential injury from sharp metal edges, nails and damaged panels;
silage netting not being completed removed from silage when placed in ring feeders;
manure heap on a grazing field, lack of protection from health risks;
feed that is available is not wholesome and/or is inappropriate for the age and species of livestock inspected;
inadequate lighting and unsuitable flooring for pigs.

Q. Who should a farmer call if he wants details of the outcome of his cross compliance welfare inspection?

A. RPA, not Animal Health.