‘What is an animal?’ may seem like a deep, philosophical question, and when it comes to legislation, it’s often one that doesn’t have a clear-cut answer.  It’s also a question that opens up a whole host of issues and debates, both ethical and scientific.

Different definitions of what an animal is

The Oxford English Dictionary defines an animal as ‘a living organism that feeds on organic matter, typically having specialised sense organs and nervous system, and able to respond rapidly to stimuli.’ There are many more scientific definitions, but it’s generally agreed that an animal is living and multicellular.

Recently, the Animal Sentience Committee, which was established as part of the Animal Welfare (Sentience) Act 2022, published a letter outlining the welfare implications of ‘animal’ being defined differently throughout different laws.

In the UK, there are several pieces of animal welfare legislation dedicated to different types of animal and sectors involving animals. Depending on which you’re looking at, the definition of ‘animal’ could be different. Some examples of animal definitions include:

• Animal Welfare Act 2006 (to make provisions about animal welfare):

• • All vertebrates other than humans.

• Animal Welfare (Sentience) Act 2022 (to make provisions for an Animal Sentience Committee with functions relating to the effect of government policy on animal welfare):

• • All vertebrates other than humans, as well as cephalopods and decapods.

• Zoo Licensing Act 1981 (to regulate the conduct of zoos):

• • Animals of the classes Mammalia, Aves, Reptilia, Amphibia, Pisces and Insecta, as well as any other multicellular organism that is not a plant or fungus.

• Veterinary Medicines Regulations 2013 (to ensure the safe and effective manufacture, marketing, sale and use of animal medicines):

• • All animals other than humans, including birds, reptiles, fishes, molluscs, crustacea and bees.

• Welfare of Farmed Animals (England) Regulations 2007 (sets mandatory minimum welfare standards for farm animals):

• • Specifically defined ‘farmed animals’ as an animal bred or kept for the production of food, wool or skin, or other farming purposes, but does not include fish, reptiles, amphibians or animals living in the wild.

Most specific to the sector we work in, is the Animals (Scientific Procedures) Act 1986. Under this legislation, animal is more specifically defined as ‘protected animals’, and includes ‘any living vertebrate other than man, and any living cephalopod (like octopus).’ Foetal, larval or embryonic forms of vertebrates are also included from:

• Two-thirds of the gestation or incubation period for mammals, birds or reptiles

• When they become capable of independent feeding in any other case

Embryonic forms of cephalopod are not protected.

By being a ‘protected animal’ under the Animals (Scientific Procedures) Act, it means these species can only be used in scientific procedures under the provisions set out. This includes researchers holding licences before conducting procedures using protected animals, being subject to the 3Rs, and having specific provisions around how they are used.

International perspectives on what an animal is

If we look outside of the UK, things can get even more complicated.

The Directive that regulates animal use in science in EU countries also protects all live vertebrates, cephalopods, and foetal, larval and embryonic forms past certain stages of development, which is practically identical to the UK.

But, in the US, for example, animals used in science are regulated under the Animal Welfare Act, rather than having a separate Act. However, within this, the definition of ‘animal’ excludes many species, including mice, rats, birds and fish. This means that they are not protected for use in scientific procedures in the US, and aren’t included in any published statistics, despite often being the most commonly used species around the world.

What about non-protected animals?

Although the UK coverage of protected animals is rather inclusive compared to other countries, there are animals that don’t fall under this definition, are not afforded these same protections, and can be used without any legal cover. This currently includes species of decapod, such as crabs and lobsters, despite a growing body of evidence that these species are sentient.

In 2021, the London School of Economics published a report representing findings from over 300 scientific studies, concluding that there is ‘strong scientific evidence’ that decapods can feel pain, distress and harm. Because of this, the Government stated that decapods would be recognised as sentient beings under the new Animal Welfare (Sentience) Bill (which passed in 2022). But this had, and still has, no effect on existing legislation. So despite evidence of sentience, decapods can be used in scientific procedures with no legal protections.

So what now in the UK?

In the letter published by the Animal Sentience Committee, they recommend that amendments are made to all relevant laws to make the definition of ‘animal’ consistent. They specifically recommend that ‘animal’ be defined as ‘all vertebrates (other than humans), cephalopods, and decapods’ – the definition set out in the Animal Welfare (Sentience) Act.

This recommendation would mean that the Animals (Scientific Procedures) Act 1986 would be amended to include decapods as a protected animal – something we have been consistently calling for, for many years, and backing the evidence outlined in the London School of Economics report from 2021.

The inclusion of decapods into ASPA is something we, and many other organisations, have raised with the Home Office Animals in Science Regulation Policy Unit multiple times over the years. But with decapods also excluded from other legislation that sits in other Government departments, the response has typically been that changes cannot be made until they are made across the board.

One of our policy calls extends this issue further, as we would like to see all animals protected under the Animals (Scientific Procedures) Act 1986. For now, we hope that this letter from the Animal Sentience Committee will finally give the Government the push to update legislation as recommended, and that we will hopefully see decapods included under ASPA very soon.