A court ruling has paved the way for private prosecutions against producers of “Frankenchickens” – the bird most often used for meat – in a verdict hailed by animal activists as a historic victory.
A judge at the Court of Appeal said that farming animals that suffer because of their genes was unlawful.
Campaigners have long fought for an end to breeds genetically bred to gain weight exceptionally rapidly – the equivalent of a three-year-old weighing 28st. These breeds are used on most standard farms supplying UK supermarkets.
The chickens experience significantly worse welfare than slower-growing breeds, suffering leg deformities, organ failure and chronic pain the High Court was told last year in a case brought by the Humane League UK.
“Frankenchickens”, which can reach at least 2kg in five to six weeks, account for more than nine in 10 of the 1.1 billion chickens slaughtered for meat each year in the UK.
The charity had brought legal action against then environment secretary Therese Coffey over use of such breeds.
The High Court dismissed the challenge as a judge found Ms Coffey had not “positively authorised or approved unlawful conduct by others”.
The Humane League, backed by the RSPCA, took its case to the Court of Appeal in October, but it was also dismissed in a ruling on Friday.
Appeal judge Lord Justice Males said there was contested evidence on fast-growing breeds so the court could not determine whether keeping them was unlawful.
The charity dismissed this as a “technicality”.
But the judge said that according to regulations on farmed animals, farmers should not try to balance higher productivity against negative impacts on the animals’ wellbeing.
He said: “If a given breed can reasonably be expected to suffer a detrimental effect on its health or welfare because of its genetic make-up, the prohibition on keeping that breed of animal applies regardless of any commercial advantages which it may have.”
Lord Justice Males added that the regulation “unequivocally prioritises animal health and welfare over commercial benefit”.
The Department for Environment, Food and Rural Affairs (Defra), which had defended the legal challenge, told the court in London it did not accept there was a scientific consensus that fast-growing chicken breeds cannot be kept without an impact on their welfare.
Animal-welfare activists said the case marked “a watershed moment in the history of animal welfare”.
After the hearing, Sean Gifford, managing director of the Humane League UK, said: “This historic ruling exposes the government’s failure to address the biggest animal welfare crisis of our time.
“Over one billion thinking, feeling chickens are leading lives of misery because of their fast-growing genes, and the court has ruled that this type of suffering should be prohibited by law.
“We call on Defra to now work with farmers to end the use of Frankenchickens.
“If the government does not seize this opportunity to uplift the lives of hundreds of millions of animals, charities like ours could be forced to bring private criminal prosecutions against farmers who are breaking the law by continuing to use fast-growing breeds of chickens.”
