The Animal Law Foundation, which has campaigned heavily on the issue, said the development represents a landmark moment in the fight for increased protections for crustaceans.
Decapod crustaceans were recognised as sentient under the Animal Welfare (Sentience) Act 2022.
However, the government’s initial view was that the legislation would not result in any changes for the crustacean industry or for restaurants, where boiling lobsters alive is a common killing method.
The Animal Law Foundation has consistently maintained that this position was unlawful.
The Welfare of Animals at the Time of Killing Regulations 2015 state that an animal cannot be killed in a way that causes any avoidable pain, distress or suffering.
Following the recognition of sentience, the foundation argued that these regulations were engaged, as the pain involved is now legally recognised and avoidable given that more humane killing methods exist.
This argument was put to Defra with the foundation making clear that legal action would be pursued if necessary.
Defra is responsible for setting animal welfare policy and guidance, including which killing methods are legally acceptable, while enforcement is carried out by local authorities and relevant inspectors.
In its Animal Welfare Strategy, published today, the government committed to issuing guidance on which methods of killing decapods are compatible with existing welfare-at-time-of-killing legal requirements. This will include clarifying that live boiling is not an acceptable killing method.
A recent YouGov poll found that almost 80% of the British public consider it unacceptable to boil decapod crustaceans, such as crabs and lobsters, alive if they experience pain during the process.
Chefs will now to dispatch lobsters in a humane way prior to boiling. Options include a knife to the central nerve system or electrical stunning using machines such as the Crustastun.
“We are overjoyed that lobsters and crabs will now receive the legal protection they are entitled to and will no longer suffer as a result, as every animal deserves,” said Edie Bowles, founder of the Animal Law Foundation.
“Challenging the government on this issue has been particularly close to my heart, due to the extreme suffering caused by boiling alive and because it represents a clear example of the law on paper saying one thing while the reality on the ground reflects another. This discrepancy between law and practice is sadly common across animal welfare.”