Trading Standards

Agriculture (Miscellaneous Provisions) Act 1968

This Act is sometimes used by this Service in welfare cases, instead of the Protection of Animals Act 1911. On occasions, it is used to support cases brought under the 1911 Act. It is particularly useful where large numbers of animals are involved, as the offences are worded to cover more than one animal. It can only be used where the offence occurred on agricultural land.

The offences provide for two levels of suffering, the more serious offence being "causing unnecessary pain" and the less serious, "causing unnecessary distress". In cases of neglect, the offence of "causing unnecessary distress" is usually used, leaving the offence of "causing unnecessary pain" for cases of wanton cruelty.

It is much easier to prove distress than it is to prove pain.