Document type: scientific synthesis published in Animals
Authors: Fruscella L, Sicuso DA, Vitale D, Passantino A.
Abstract in French (translation): Decapod Crustaceans in Animal Welfare Legislation: Fragmentation, Gaps, and New Models in Europe and Oceania
Over the past few decades, the exponential growth of the global seafood industry has intensified the exploitation of aquatic invertebrates, particularly decapod crustaceans, whose commercial value continues to rise in tandem with consumer demand. This expansion has coincided with major scientific advances recognizing these animals as sentient beings, capable of experiencing pain and exhibiting complex behavioral responses to harmful stimuli. Nevertheless, legal systems have been slow to incorporate this evidence, resulting in a persistent disconnect between scientific knowledge and regulatory practices.
This article critically examines the legal status of decapod crustaceans under animal welfare law, highlighting a marked discrepancy between well-established scientific evidence of their sentience and the limited protections they receive. Despite extensive research confirming their capacity to suffer, the dominant legal paradigm continues to view these animals primarily as commodities.
Through a comparative analysis of the regulatory regimes in force within the European Union, in Italy, and in certain non-European jurisdictions—notably the United Kingdom, Australia, and New Zealand—the study highlights a significant regulatory gap as well as considerable legislative fragmentation. It scrutinizes a range of regulatory models, from vague, principle-based provisions to more demanding and technically prescriptive standards.
Finally, the article advocates for a harmonized, science-based regulatory framework to ensure consistent and effective protection of the welfare of decapod crustaceans within the global food industry.
Preview:
In recent decades, the exponential growth of the global seafood industry has intensified the exploitation of aquatic invertebrates, particularly decapod crustaceans, whose commercial value continues to rise alongside consumer demand. This expansion has coincided with significant scientific advances recognizing these animals as sentient beings capable of experiencing pain and exhibiting complex behavioral responses to noxious stimuli. Nevertheless, legal systems have been slow integrate such evidence, resulting in a persistent misalignment between scientific knowledge and regulatory practice.
This article critically examines the legal status of decapod crustaceans within animal welfare law, underscoring a pronounced disjunction between well-established scientific evidence of their sentience and the limited protections they receive. Despite extensive research supporting their capacity for suffering, the prevailing legal paradigm continues to construe these animals predominantly as commodities.
Through a comparative analysis of regulatory regimes across the European Union, Italy, and selected extra-European jurisdictions, including UK, Australia, and New Zealand, the study identifies a significant regulatory lacuna alongside considerable legislative fragmentation. It scrutinizes a spectrum of normative models, ranging from indeterminate, principle-based provisions to more exacting and technically prescriptive standards.
The article finally advocates for a harmonized, science-driven regulatory framework to ensure coherent and effective welfare protections for decapod crustaceans within the global food industry.


