The Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009

Made: 24th November 2009

Coming into force: 31st December 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by sections1, 8(1) and 83(2) of the Animal Health Act1981[^f00001] and all other powers enabling them to do so.

PART 1 — Introductory provisions

Citation, commencement and extent

1

• (1) This Order may be cited as the Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009 and comes into force on 31stDecember 2009.

• (2) This Order extends to Scotland only.

Interpretation

2

• (1) In this Order—

• “Annex” means the Annex to the Council Regulation;

• “the Council Regulation” means Council Regulation (EC) No.21/2004 of 17thDecember 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No.1782/2003 and Directives92/102/EEC and64/432/EEC[^f00002] , as last relevantly amended by Council Regulation (EU) No 517/2013;

• “critical control point” means a holding or a third party approved by the Scottish Ministers under sectionC.2 of the Annex;

• “export” means sending to a Member State or a third country;

• “flockmark” means the number allocated by the Scottish Ministers to a holding on which sheep are kept;

• “herdmark” means the number allocated by the Scottish Ministers to a holding on which goats are kept;

• “identification code” means the code applied or to be applied to a means of identification in accordance with the Council Regulation, this Order, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland, or any provision giving effect to Council Regulation (EC) No. 21/2004 of 17th December 2003 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 as it has effect in EU law in a Member State, or previous United Kingdom Orders or Regulations;

• “identification device” means an eartag, electronic eartag, pastern tag, electronic pastern tag or bolus approved by the Scottish Ministers;

• “inspector” means a person appointed to be an inspector for the purposes of this Order by the Scottish Ministers or a local authority;

• “local authority” means a council constituted under section2 of the Local Governmentetc. (Scotland) Act1994[^f00003];

• “means of identification” means an identification device or a tattoo;

• “movement document” means the movement document required by Article6 of the Council Regulation;

• “previous United Kingdom Orders or Regulations” means—the Sheep and Goats Identification (Scotland) Regulations 2000[^f00004];the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002[^f00005];the Sheep and Goats Identification (England) Order 2000[^f00006];the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002[^f00007];the Sheep and Goats Identification and Movement (Interim Measures) (England) (No.2) Order 2002[^f00008];the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002[^f00009];the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002[^f00010];the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 2002[^f00011];the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997[^f00012];the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004[^f00013];the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005[^f00014];the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2006[^f00015];the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006[^f00016];the Sheep and Goats (Records, Identification and Movement) (England) Order 2007[^f00017]; andthe Sheep and Goats (Records, Identification and Movement ) (Wales) Order 2008[^f00018];

• “register” means the register required to be kept by Article5 of the Council Regulation;

• “slaughterhouse” means an establishment approved as a slaughterhouse in accordance with Article3 of Regulation (EC) No.854/2004 of the European the Scottish Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption[^f00019] , as last amended by Commission Implementing Regulation (EU) 2018/981;

• “slaughterhouse operator” means a person carrying out the business of a slaughterhouse or the duly authorised representative of such a person; and

• “unique number” means a number allocated by the Scottish Ministers which is unique to an animal in a flock or herd and contains up to 6digits.

• (2) Expressions in this Order which appear in the Council Regulation have the same meaning in this Order as they have for the purposes of the Council Regulation.

• (3) Any reference in this Order to anything done in writing or produced in written form, other than under article28, includes a reference to an electronic communication which has been recorded and may subsequently be used for reference, as defined in the Electronic Communications Act 2000[^f00020].

Competent authority

3

The Scottish Ministers are the competent authority for the purposes of the Council Regulation.

Authorisations

4

• (1) Subject to paragraph(2), any authorisations, approvals or permissions issued under the Council Regulation or this Order must be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

• (2) An authorisation, approval or permission may be issued otherwise than in writing where this is necessary to prevent suffering to an animal.

PART 2 — Application of identification

Identification applied on or after 31stDecember 2009

5

• (1) The keeper of—

• (a) an animal born on or after 31stDecember 2009; or

• (b) an animal born before 31stDecember 2009 which does not bear a means of identification applied under any of the previous United Kingdom Orders or Regulations,

must comply with Article4(1) (first paragraph) and (2)(a) and (b) and Article 9(3) of the Council Regulation and this article unless the alternative identification method set out in article 6 is used.

• (2) No animal may be identified by the use of a bolus in combination with a tattoo.

• (3) The period determined for the purposes of Article4(1) of the Council Regulation is—

• (a) 9months from its date of birth, in the case of an animal kept in extensive or free range farming conditions; or

• (b) 6months from its date of birth, in the case of any other animal.

• (4) The individual identification code for the purposes of SectionA.2 of the Annex is the following information in the following order—

• (a) the letters “UK”, or, on an electronic identification device, the number “0826”; and

• (b) a 12 digit number approved by the Scottish Ministers,

which must be identical on the first and second means of identification.

Alternative method of identification for animals intended for slaughter before the age of 12months

6

In accordance with Article4(3) of the Council Regulation, the keeper of an animal intended for slaughter before the age of 12months and not intended for export may apply to the animal the alternative method of identification in Section A.7 of the Annex.

Identification for animals no longer intended for slaughter before the age of 12months

7

• (1) The keeper of an animal to which the alternative method of identification is applied under article6 which—

• (a) is not slaughtered before the age of 12months; or

• (b) is to be consigned for export before the age of 12months,

must be identified in accordance with points 1 to 4 of SectionA of the Annex.

• (2) The keeper may re-identify an animal identified under article 6 only if—

• (a) the animal is on its holding of birth;

• (b) the animal has moved to its present holding directly from its holding of birth or from its holding of birth via a market; or

• (c) the keeper has a complete record of all the animal’s movements.

• (3) In the case of an animal not slaughtered before the age of 12months, the second means of identification must be applied when the animal reaches the age of 12months.

• (4) In the case of an animal to be consigned for export before the age of 12months, the second means of identification must be applied before the animal leaves the holding from which it is consigned for export.

Animals identified before 31st December 2009

8

The keeper of an animal which bears a means of identification applied before 31st December 2009 which does not contain an individual identification code or unique number must apply to the animal before it leaves the holding on which it is located at that date—

• (a) in the case of an animal on its holding of birth a first and second means of identification meeting the requirements of Article4(2)(a) and(b) and Article9(3) of the Council Regulation; and

• (b) in the case of an animal not on its holding of birth, 2replacement means of identification of which one must be a red replacement eartag.

Animals sent for export

9

• (1) A keeper must identify all animals consigned for export in accordance with Article4(2)(a) and (b) and Article 9(3) of the Council Regulation.

• (2) The keeper of an animal consigned for export which bears means of identification containing different individual identification codes must apply to the animal an eartag containing the same individual identification code as one of the existing means of identification.

• (3) The means of identification to be applied under this article must be applied, at the latest, before the animal leaves the holding from which it is consigned for export.

• (4) A keeper must ensure that all animals consigned for export comply with the following requirements—

• (a) have been continuously present on the holding of origin for at least 30 days, or since birth if the animals are younger than 30 days of age,

• (b) do not come from a holding into which ovine or caprine animals have been introduced during the 21 days prior to dispatch,

• (c) do not come from a holding into which biungulate animals imported from a third country have been introduced during the 30 days prior to dispatch.

• (5) For the purposes of paragraph (4), a holding of origin means any holding on which the ovine and caprine animals have been continuously present and on which records are maintained demonstrating the residence of the animals which may be audited.

Animals imported from third countries

10

• (1) The keeper of an animal imported from a third country must comply with Article4(4) of the Council Regulation and this article.

• (2) The period for identifying such an animal for the purposes of Article4(4) of the Council Regulation is 14days.

• (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) and Article 9(3) of the Council Regulation and the identification code for the purposes of Section A.2 of the Annex is—

• (a) the letters “UK”; and

• (b) a 12 digit number in accordance with a numbering scheme approved by the Scottish Ministers.

• (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 the register together with the full identification code on the new means of identification and the full code on the method of identification applied in the third country.

Receipt of animals from another Member State

11

• (1) No person may receive an animal from a Member State unless it is identified in accordance with—

• (a) in the case of an animal born after 9th July 2005, the Council Regulation or Council Regulation (EC) No. 21/2004 of 17th December 2003 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 as it has effect in EU law; or

• (b) in the case of an animal born on or before 9th July 2005, Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals[^f00022].

• (2) It is prohibited to remove or replace the original method of identification of an animal originating in a Member State in contravention of Article 4(5) of the Council Regulation or Council Regulation (EC) No. 21/2004 of 17th December 2003 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 as it has effect in EU law.

Receipt of animals from England, Wales or Northern Ireland

12

No person may receive an animal from England, Wales or Northern Ireland unless it is identified 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 United Kingdom Orders or Regulations and any additional requirements imposed in legislation enforcing the Council Regulation in relation to those animals.

Loss of methods of identification applied in a third country

13

Where an animal is imported from a third country and identified 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.

PART 3 — Removal and replacement of identification

Removal and replacement of means of identification

14

• (1) A person must not remove, unless for the purpose of preventing suffering to an animal, or replace, any means of identification attached to an animal otherwise than in accordance with the first paragraph of Article4(6) of the Council Regulation.

• (2) Subject to article 27, where the means of identification of an animal has been removed or lost or has become illegible, the keeper, other than a slaughterhouse operator, must apply replacement identification to the animal in accordance with this Order as soon as possible but, in any event—

• (a) before the animal is moved from the holding; and

• (b) no later than 28days after the identification is ascertained to have been removed or lost or to have become illegible.

Replacement identification

15

• (1) In accordance with the first paragraph of Article4(6) of the Council Regulation where one of an animal’s means of identification has been removed or lost or has become illegible the keeper, other than a slaughterhouse operator, must replace that means of identification with—

• (a) a means of identification bearing the same identification code; or

• (b) remove the remaining identification device, re-identify the animal and cross reference the old and new identification code in the holding register.

• (2) Where both means of identification of an animal has been removed or lost or has become illegible the keeper, other than a slaughterhouse operator, must replace that means of identification in accordance with article 5 and, if known, cross reference the old and new identification code in the holding register.

• (3) If the animal is no longer on its holding of birth, or it is unknown if the animal is on its holding of birth, the keeper must use a red means of identification.

Replacement identification for animals identified according to article 7

16

• (1) Where an animal identified in accordance with article 7 loses its eartag and is on its holding of birth, the keeper must replace the eartag with an eartag bearing the same flockmark or herdmark of that holding.