Animals, england PART 1 Introduction Title, application and commencement 1 This Order— a may be cited as the Sheep and Goats (Records, Identification and Movement) (England) Order 2007; b applies in England; and c comes into force on 11th January 2008. Interpretation 2 1 In this Order— “ animal ” means any animal of the ovine or caprine species; “ assembly centre ” means any holding, collection centre or market at which sheep or goats originating from different holdings are grouped together to form consignments of animals intended for export or which is used in the course of export; “ Council Directive 92/102/EEC ” means Council Directive 92/102/EEC on the identification and registration of animals ; “ the Council Regulation ” means Council Regulation (EC) No. 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC ; “CPH” in the forms in Schedules 1 and 2, means the county parish holding number assigned to any premises or part of any premises by the Secretary of State; “ export ” means sending to another member State or a third country; “ flockmark ” means the number allocated by the Secretary of State in respect of a flock of sheep on a holding; “ herdmark ” means the number allocated by the Secretary of State in respect of a herd of goats on a holding; “ holding ” has the meaning given in Article 2 of the Council Regulation; “ holding of origin ” means the holding on which an animal was present immediately before moving to an assembly centre or, where an animal is consigned for export other than through an assembly centre, the holding on which an animal is present immediately prior to export; “ identification code ” means the code set out on a means of identification as required under this Order; “ identification tag ” means an eartag approved by the Secretary of State in accordance with article 11 bearing the information set out in sub-paragraphs (a) to (c) of article 5(5); “ identification mark ” means a method of identification applied in another member State, a means of identification or an older means of identification; “ inspector ” means a person appointed to be an inspector for the purposes of this Order by the Secretary of State or a local authority; “ keeper ” has the meaning given in Article 2 of the Council Regulation; “ local authority ” means— where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for a local government area, that authority; where there is not a unitary authority— in a metropolitan district, the council of that district; in a non-metropolitan county, the council of that county; or in each London borough, the council of that borough; in the city of London, the Common Council; “ market operator ” means a person responsible for managing the reception or the sale of animals in a market or a duly authorised representative of such a person; “ means of identification ” means an identification tag or a tattoo; “ method of identification ” means an eartag or tattoo applied in another member State or a third country; “ movement document ” means the movement document required by Article 6 of the Council Regulation; “ older means of identification ” means an eartag or tattoo applied under the previous Orders; “ the previous Orders ” means— the Sheep and Goats (Records, Identification and Movement) (England) Order 2005 ; the Sheep and Goats Identification and Movement (Interim Measures) (England) (No.2) Order 2002 ; the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 ; the Sheep and Goats Identification (England) Order 2000 ; the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2006 ; the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 2002 ; the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002 ; the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002 ; the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005 ; the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004 ; the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997 ; the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006 ; the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002 ; the Sheep and Goats Identification (Scotland) Regulations 2000 ; or “ register ” means the register required by Article 5 of the Council Regulation and in the form set out in Schedule 1; “ replacement means of identification ” means a replacement tag or replacement tattoo; “ replacement tag ” means a red eartag approved by the Secretary of State in accordance with article 11 with a code comprising the following information, printed in the following order— the letters “UK”; the flockmark or herdmark of the flock or herd the animal is in when the identification tag is applied; a unique number; and the letter “R”; “ replacement tattoo ” means a tattoo comprising the following information, printed in the following order— the letters “UK”; the flockmark or herdmark of the flock or herd the animal is in when the tattoo is applied; a unique number; and the letter “R”; “ slaughterhouse operator ” means a person carrying on the business of a slaughterhouse or the duly authorised representative of such a person; “ unique number ” means a number that is unique to an animal in a flock or herd and contains no more than 6 digits. 2 Expressions not defined in paragraph (1) which are used in this Order and which are also used in the Council Regulation have the same meaning in this Order as they have in that Regulation. Competent authority 3 The Secretary of State is the competent authority for the purposes of the Council Regulation. Authorisations 4 Any authorisations or approvals issued under this Order or the Council Regulation must be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time. PART 2 Identification of animals Identification of animals not identified before the 11th January 2008 5 1 This article applies to— a animals born before 11th January 2008 which are not identified before that date and are on their holding of birth; and b animals born on or after 11th January 2008. 2 A keeper must comply with Article 4(1) (first paragraph) and Article 4(2)(a) and (b) of the Council Regulation and this article unless the alternative method of identification set out in article 6 is authorised. 3 For the purpose of Article 4(1) of the Council Regulation, the time limits for identifying an animal are— a 9 months from the date of birth, in the case of an animal kept in extensive or free range farming conditions; or b 6 months from the date of birth, in the case of any other animal. 4 An eartag applied as the first or second means of identification may be any colour other than red. 5 The identification code on a means of identification for the purposes of Section A.2 of the Annex to the Council Regulation must be— a the letters “UK”; b the flockmark or herdmark of the flock or herd into which the animal is born; and c a unique number and must be identical on the first and second means of identification. Identification of animals intended for slaughter 6 1 For animals intended for slaughter before the age of 12 months and not intended for export, the identification method in Section A.7 of the Annex to the Council Regulation is authorised as an alternative to the means of identification referred to in Article 4(2) of that Regulation. 2 The identification code for the purposes of Section A.7 of the Annex to the Council Regulation must be the same as that set out in sub-paragraphs (a) to (c) of article 5(5). 3 Any animal identified by the means of identification referred to in paragraph (1) (“the first identification tag”) must be identified with a second means of identification in accordance with paragraphs (4) to (6) if it — a is not slaughtered before the age of 12 months; or b is consigned for export. 4 The second means of identification must be either— a an additional identification tag or, unless the animal is destined for export, a tattoo, with the same identification code as on the first identification tag; or b two additional identification tags or, unless the animal is destined for export, an identification tag and a tattoo which bear— i the letters “UK”; ii the flockmark or herdmark of the flock or herd where the additional means of identification are applied; and iii a unique number. 5 Where two additional means of identification are applied the keeper— a must not remove or deface the first identification tag; b must record information about the addition of the new means of identification in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the additional means of identification in column 4 and the letters and flockmark or herdmark on the original means of identification in columns 5 and 6. 6 In the case of animals consigned for export the keeper must apply the second means of identification before the animal leaves the holding of origin. Identification of animals identified before 11th January 2008 7 1 This article applies to animals identified before 11th January 2008. 2 Only the first means of identification, as set out in Article 4(2)(a) of the Council Regulation, is required for animals identified with a unique number before 11th January 2008. 3 In the case of animals identified before 11th January 2008, but where the existing identification mark does not contain a unique number, a keeper must re-identify those animals before moving them from a holding so that they bear two means of identification which — a in the case of an animal which is on its holding of birth, must be in accordance with the provisions in Article 4(2)(a) and (b) of the Council Regulation; or b in the case of an animal which is not on its holding of birth, must be two replacement tags, in which case the keeper must record information about the addition of the new means of identification in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement tags in column 4 and the letter or letters and flockmark or herdmark on the existing means of identification in columns 5 and 6. Identification of animals not identified before the 11th January 2008 which are not on their holding of birth 8 The keeper must identify animals not identified before the 11th January 2008 which are no longer on their holding of birth with two replacement tags before the animals leave a holding. Identification of animals for export 9 1 A keeper must identify all animals for export by the first and second means of identification as set out in Article 4(2)(a) and (b) of the Council Regulation or article 6(4)(b), except the second means of identification must be an identification tag and not a tattoo. 2 No person may consign an animal for export where it has been— a tagged in accordance with article 8; b re-tagged in accordance with article 7(3)(b), 18(3)(a), 18(4)(a), 19(5)(a) or 19(6)(a); or c re-tagged in accordance with article 17(4)(a) and as a consequence is identified by two replacement means of identification. Identification of animals imported from third countries 10 1 A keeper must comply with Article 4(4) of the Council Regulation and this article. 2 For the purposes of Article 4(4) (first paragraph) of the Council Regulation, the period for identifying an animal is 14 days. 3 The means of identification for animals imported from a third country must be the same as that set out in Article 4(2)(a) and (b) of the Council Regulation and the identification code for the purposes of Section A.2 of the Annex is— a the letters “UK”; b the flockmark or herdmark of the flock or herd into which the animal is imported; c a unique number. 4 Where an animal is imported from a third country and re-identified according to this article, the keeper must record information about the addition of the new means of identification in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the new means of identification in column 4 and the full code on the method of identification applied in the third country in columns 5 and 6. PART 3 Identification tags Approval of identification tags 11 The Secretary of State must approve eartags for the purposes of this Order. Additional tags and tags with additional information 12 1 At the request of a keeper, a manufacturer of identification tags may add supplementary information to an identification tag or replacement tag provided that— a the supplementary information is distinct from the identification code; and b the identification code remains legible and clearly distinguishable at all times. 2 A keeper may apply an additional tag to an animal but it must not contain the letters “UK” or bear a flockmark or herdmark, unless authorised by the Secretary of State. Red eartags 13 No person may attach a red eartag to any animal, other than a replacement tag. PART 4 Removal or replacement of identification marks Removal or replacement of identification marks 14 1 No person may remove or replace the original method of identification of an animal originating in another member State in contravention of Article 4(5) of the Council Regulation. 2 No person may contravene or fail to comply with Article 4(6)(first paragraph) of the Council Regulation, unless in accordance with articles 16 to 19. 3 A keeper must replace a lost or illegible identification mark, in accordance with articles 15 to 19, as soon as possible after the original identification mark is removed or discovered to be lost or illegible, but in any event– a no later than 28 days after it was removed or discovered to be lost or illegible, and b before the animal is moved from the holding. 4 It is a defence for any person charged with an offence of contravening or failing to comply with paragraphs (1) or (2) to prove that— a the identification mark was removed to prevent unnecessary pain to an animal; and b a replacement means of identification bearing the same identification code was applied to the animal as soon as possible. Replacement of the identification mark with an identical code 15 Where a keeper is required by article 14(3) to replace a lost or illegible identification mark he may do so with a means of identification with an identical identification code and in that case he must record information about the replacement in columns 1, 2 and 3 of section 2 of the register. Replacement of the identification mark with a different code 16 A keeper may, as an alternative to the method of replacement described in article 15, instead replace a lost or illegible identification mark with a means of identification bearing a different code to the original identification mark in accordance with articles 17 to 19, provided the objective of traceability is not compromised. Replacement of the identification mark with a different code for double-tagged animals which have lost one identification mark 17 1 This article applies where one identification mark from a double-identified animal is lost or illegible but one legible identification mark remains. 2 In this article and article 18 “ double-identified animal ” means an animal identified with two identification marks. 3 If the animal is on its holding of birth the keeper must replace a lost or illegible means of identification or older means of identification with another means of identification and — a ensure that at least one means of identification or older means of identification on an animal is an eartag; and b record information about the replacement in columns 1, 2 and 3 of section 2 of the register. 4 If the animal is no longer on its holding of birth the keeper must either— a replace a lost or illegible identification mark or with a replacement means of identification and— i ensure that at least one identification mark on an animal is an eartag; and ii record information about the replacement in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement means of identification in column 4; and iii record the letter or letters and flockmark or herdmark on the remaining means of identification or older means of identification, or the full code on a method of identification, in columns 5 and 6 of section 2 of the register; or b replace the lost or illegible means of identification or older means of identification with an identification tag which has on it the flockmark or herdmark of the holding of birth of the animal. Replacement of the identification mark with a different code for double-tagged animals which have lost both identification marks 18 1 This article applies where both identification marks on a double-identified animal are lost or illegible. 2 If the animal is on its holding of birth the keeper must — a replace the lost or illegible means of identification or older means of identification with two new identification tags or an identification tag and a tattoo; and b record information about the replacement in columns 1, 2 and 3 of section 2 of the register. 3 If the original flockmark or herdmark of the animal or the code on a lost or illegible replacement means of identification is known and the animal is not on its holding of birth, the keeper must either— a replace the lost or illegible identification marks with two replacement tags or a replacement tag and a replacement tattoo and— i record information about the replacement in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement means of identification in column 4; and ii record in columns 5 and 6 of section 2 of the register — aa if known, the letter or letters and flockmark or herdmark on the lost or illegible means of identification or older means of identification, or the full code on a method of identification; or bb if those things are not known, the letter and flockmark or herdmark on the lost or illegible replacement means of identification; or b replace the lost or illegible means of identification or older means of identification with two identification tags which have on them the flockmark or herdmark of the holding of birth of the animal. 4 If the original flockmark or herdmark is not known, the keeper must— a replace the lost or illegible identification marks with two replacement tags or a replacement tag and a replacement tattoo; and b record information about the replacement in columns 1, 2 and 3 of section 2 of the register. Replacement of the means of identification or older means of identification with a different code for single-tagged animals 19 1 This article applies where the means of identification or older means of identification on a single-identified animal is lost or illegible. 2 In this article “ single-identified animal ” means— a an animal identified in accordance with paragraphs (1) and (2) of article 6 or similar provisions that give effect to the Council Regulation in Scotland, Wales or Northern Ireland; or b an animal identified with only one older means of identification applied under previous Orders. 3 If a keeper is replacing a lost or illegible tag on an animal born after 9th July 2005 a new or replacement means of identification must be an identification tag and not a tattoo. 4 If the animal is on its holding of birth, the keeper must— a replace the lost or illegible means of identification or older means of identification with a new means of identification; and b record information about the replacement in columns 1, 2 and 3 of section 2 of the register. 5 If the original herdmark or flockmark is known and the animal is not on its holding of birth, the keeper must either— a replace the lost or illegible means of identification or older means of identification with a replacement means of identification and— i record information about the replacement in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement means of identification in column 4; and ii record the letter or letters and flockmark or herdmark on the original means of identification or older means of identification in columns 5 and 6 of section 2 of the register; or b replace a lost or illegible means of identification or older means of identification with an identification tag which has on it the flockmark or herdmark of the holding of birth of the animal. 6 If the original flockmark or herdmark is not known, the keeper must— a replace the lost or illegible means of identification or older means of identification with a replacement means of identification; and b record information about the replacement in columns 1, 2 and 3 of section 2 of the register. Replacement of identification marks lost at markets 20 1 The requirements of articles 14 to 19 to replace an identification mark do not apply to a market operator or slaughterhouse operator. 2 If an identification mark is removed, lost or discovered to be illegible while an animal is at a market, the keeper who purchases the animal at the market must apply a replacement in accordance with the provisions of articles 14 to 19. Loss of methods of identification applied in a third country 21 Where an animal is imported from a third country and re-tagged in accordance with Article 4(4) of the Council Regulation, the keeper is not required to replace a method of identification applied in the third country if it subsequently becomes lost or illegible. Alteration of identification marks 22 No person may alter, obliterate or deface the information on any identification mark attached to an animal under— a the Council Regulation; b this Order or any provision that gives effect to the Council Regulation in Scotland, Wales or Northern Ireland; c the previous Orders; or d Council Directive 92/102/EEC , in the case of an animal marked in another member State in accordance with that Directive. PART 5 Holding registers Holding register 23 1 Every keeper, other than a transporter, must comply with Article 5(1), (3) and (5) of the Council Regulation. 2 When an animal is moved onto or from its holding, the keeper must record— a the information required by Section B of the Annex to the Council Regulation; and b the number of animals moved. 3 The information referred to in paragraph (2) in respect of animals moving onto a holding must be recorded by the keeper by entering it in section 3 of the register. 4 The information referred to in paragraph (2) in respect of animals moving from a holding must be recorded by the keeper by either— a entering it in section 3 of the register; or b retaining a duplicate or a certified copy of the movement document and keeping such duplicate or copy with the register in chronological order with any other movement documents retained. 5 Where an animal is consigned for export the keeper at the holding of origin must, in addition to the information referred to in paragraph (2), record the unique number of that animal when recording its movement onto and off the holding of origin, by the methods set out in paragraphs (3) and (4) (a) or (b). 6 For the purposes of Article 5(3) of the Council Regulation, the register must be in the form set out in Schedule 1. 7 The keeper must complete the register— a in the case of the movement of an animal onto or from a holding within 36 hours of the movement; b in the case of the replacement of an identification mark, within 36 hours of the replacement. 8 Where a keeper moves his animals to another holding but continues to be the keeper, the keeper does not have to keep the register on that holding but must be able to produce it within a reasonable amount of time to the Secretary of State upon request. 9 For the purposes of Article 5(3) of the Council Regulation, the period for which the register, including the duplicate or certified copies of the movement documents if kept in accordance with paragraph (4)(b), must be available is 3 years from when the last entry was made. PART 6 Movement documents Movement document 24 1 A keeper must comply with Article 6(1) of the Council Regulation and complete the movement document in accordance with this article. 2 A keeper must comply with Article 6(3) of the Council Regulation and for the purposes of that article the minimum period for which the keeper at the holding of destination must keep the movement document is 3 years from the date of the movement of an animal onto his holding. 3 The movement document must— a be in the form set out in Schedule 2; b be completed in full by the appropriate keeper as specified in that form; c in addition to containing the information required by Section C of the Annex to the Council Regulation, be completed by the keeper with the information in Schedule 2, including the number of animals moved; and d be kept in chronological order with any other movement documents retained by the keeper at the holding of destination. 4 A market operator may complete an electronically generated movement document in a form other than that set out in Schedule 2, provided that it— a contains the information in Section C of the Annex to the Council Regulation and paragraph 3(c) of this article; b contains a reference to this Order at the head of the document; and c is printed and signed by the market operator. Supply of movement document 25 1 In the case of an animal moved to another holding— a upon the animal’s arrival at that other holding, the transporter must give the movement document to the keeper at that holding; and b the keeper at that holding must send a copy of the movement document to the local authority within 3 days of the animal arriving at the holding. 2 In the case of an animal moved from a holding to a port and intended for consignment outside Great Britain, the keeper at that holding must send a copy of the movement document to the local authority within 3 days of the animal leaving the holding. PART 7 Central database Inventory of animals 26 1 For the purpose of Article 7(2) of the Council Regulation, a keeper who keeps animals permanently must make an inventory of the number of animals on his holding as at the 1st December each year. 2 A keeper must provide the result of the annual inventory to the Secretary of State by 31st December each year. Supply of information 27 1 On receiving notification under Article 8(2) of the Council Regulation that a person has become the keeper on a holding, the Secretary of State must, subject to paragraph (2), allocate a flockmark in respect of each flock of sheep on the holding and a herdmark in respect of each herd of goats on the holding. 2 When the holding is a slaughterhouse or a market, the Secretary of State must allocate a flockmark or herdmark only where he deems it appropriate to do so. 3 The keeper must notify the Secretary of State in writing of any change in the information specified in Article 8(2)(a) of the Council Regulation within thirty days of such change. PART 8 Markets Markets 28 1 A market operator must ensure that all animals are divided into lots of one or more animals immediately upon their arrival at the market and that a lot number is allocated to each lot. 2 No person may buy an animal at a market unless he buys all the other animals in the lot to which that animal belongs and moves the entire lot from the market to the same holding. 3 No person may sell an animal at a market unless he also sells all the other animals in the lot to the same buyer. 4 A market operator may not receive an animal onto a market unless — a it is identified in accordance with Part 2; and b it is accompanied by a movement document which is completed in accordance with Part 6. PART 9 Animals brought into England Receipt of animals from another member State 29 No person may receive an animal from another member State unless it is identified in accordance with — a the Council Regulation, in the case of an animal born after 9th July 2005; or b Council Directive 92/102/EEC , in the case of an animal born on or before 9th July 2005. Receipt of animals from Scotland, Wales or Northern Ireland 30 No person may receive an animal from Scotland, Wales or Northern Ireland unless it is identified, tagged and accompanied by a movement document in accordance with— a in the case of an animal born after 9th July 2005, the Council Regulation, including any derogation exercised under the Council Regulation; or b in the case of an animal born on or before 9th July 2005 the previous Orders and any additional requirements imposed in legislation enforcing the Council Regulation in relation to those animals. PART 10 Miscellaneous Defence related to movement for emergency veterinary treatment 31 It is a defence for any person charged with an offence of contravening or failing to comply with any provision in this Order relating to the movement of an animal from a holding without attaching or applying the required method of identification to prove that the animal was moved from the holding for the purposes of emergency veterinary treatment. Powers of inspectors 32 1 An inspector may, for any purpose relating to the enforcement of this Order— a collect, pen and mark any animal and require a keeper to arrange for the collection, penning, marking and securing of any animal; b require the keeper to produce or copy any document or record; c remove and retain any document or record; d have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with records; e where a record is kept by means of a computer, require the record to be produced in a form which may be taken away; f require the production of any unused identification tags, and record their numbers; g take with him a representative of the European Commission acting for the purposes of Article 12 of the Council Regulation, or any people or things he considers necessary. 2 A person required to do anything by an inspector acting under paragraph (1) must, unless he has reasonable cause, do so without delay. Power to prohibit movement of animals 33 1 An inspector may, by serving notice on a keeper, prohibit the movement of a flock of sheep onto or from the holding specified in the notice, if he is satisfied that the prohibition is necessary for the proper enforcement of this Order in relation to that flock. 2 An inspector may, by serving notice on a keeper, prohibit the movement of a herd of goats onto or from the holding specified in the notice, if he is satisfied that the prohibition is necessary for the proper enforcement of this Order in relation to that herd. 3 A notice served under this article may be amended or revoked by further notice at any time. False information 34 No person may furnish information which he knows to be false or misleading to a person acting under this Order. Offences by bodies corporate 35 1 If an offence against the Animal Health Act 1981 committed by a body corporate is shown— a to have been committed with the consent or connivance of an officer; or b to be attributable to any neglect on his part, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. 2 If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body. 3 “ Officer ”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity. Enforcement 36 1 This Order is enforced by the local authority. 2 The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority by this Order must be discharged by the Secretary of State and not by the local authority. Revocations 37 The following are revoked— a the Sheep and Goats (Records, Identification and Movement) (England) Order 2005 ; and b the Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2006 . Jeff Rooker Minister of State Department for Environment, Food and Rural Affairs 11th December 2007