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SCOTTISH STATUTORY INSTRUMENTS

2006 No. 73
ANIMALS
ANIMAL HEALTH
The Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006

	Made	23rd February 2006
	Laid	24th February 2006
	Coming into force	20th March 2006

ARRANGEMENT OF REGULATIONS

PART 1
Introductory Provisions

1.	Citation, commencement and extent

2.	Interpretation

3.	Individual identification code

4.	Competent authority

5.	Authorisations

PART 2
Application of identification

6.	Baseline eartags: animals born after 9th July 2005

7.	Baseline eartags: animals born on or before 9th July 2005

8.	Baseline eartags: animals imported from third countries

9.	Second means of identification: animals involved in intra Community trade

10.	Movement eartags

11.	Animals intended for slaughter

PART 3
Removal and replacement of identification

12.	Removal and replacement of means of identification

13.	Replacement eartags

14.	Replacement tattoos

15.	Animals involved in intra Community trade

16.	Replacement of movement eartags

PART 4
Documentation and recording of information

17.	Holding registers

18.	Movement documents

19.

Inventory

20.	Central database

PART 5
Markets

21.	Traceability

22.	Replacement identification

23.	Electronic movement documents

PART 6
Eartags

24.	Approved eartags

25.	Supplementary information

26.	Red eartags

27.	Application of flockmarks and herdmarks

28.	Emergency veterinary treatment

29.	Prevention of pain and suffering

30.	Alteration of eartags etc

PART 7
Miscellaneous

31.	Powers of inspectors

32.	Movement restrictions

33.	Obstruction

36.	Enforcement

37.	Revocations

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

PART 1
Introductory Provisions
Citation, commencement and extent
     1. —(1) These Regulations may be cited as the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006 and shall come into force on 20th March 2006.

    (2) These Regulations extend to Scotland only.

Interpretation
     2. —(1) In these Regulations–

"Annex" means the Annex to the Council Regulation;

"baseline F eartag" means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 8(3)(a) to (d);

"baseline S eartag" means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 7(1)(b)(i) to (iii);

"baseline UK eartag" means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 6(3)(a) to (c);

"the Council Directive" means Council Directive 92/102/EEC of 27th November 1992 on the identification and registration of animals[

2

3

"CPH", in the forms in Schedules 1 and 2, means the number assigned to a holding by the Scottish Ministers for the purpose of identifying its geographical location;

"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;

"holding of import" means the holding to which animals imported from a third country are first moved for the purposes of livestock farming;

"identification code" means the alpha numeric code applied or to be applied to a means of identification in accordance with the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales, Northern Ireland or another member State, previous United Kingdom Orders or Regulations or any provision giving effect to Council Directive 92/102/EEC in another member State;

"inspector" means a person appointed to be an inspector for the purposes of these Regulations by the Scottish Ministers or a local authority;

4

"movement eartag" means an eartag applied under these Regulations, previous United Kingdom Orders or Regulations, bearing the identification code described in regulation 10(1)(b)(i) and (ii);

"movement document" means the movement document required by Article 6 of the Council Regulation;

"previous Scottish Orders or Regulations" means–

5

6

"previous United Kingdom Orders or Regulations" means–

"R eartag" means a red eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 13(2)(c)(i) to (iv);

"R tattoo" means a tattoo bearing the individual identification code described in regulation 14(3)(b)(i) to (iii);

"register" means the register required to be kept by Article 5 of the Council Regulation;

15

"temporary grazing" means a holding on to which a keeper moves an animal for a limited period of time for the purpose of feeding or pasture;

"unique number" means a number allocated by the Scottish Ministers which is unique to an animal in a flock or herd and contains 6 digits; and

"X eartag" means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 9(2)(b)(i) to (iv).

    (2) Expressions in these Regulations which appear in the Council Regulation have the same meaning in these Regulations as they have for the purposes of the Council Regulation.

    (3) Any reference in these Regulations to anything done in writing or produced in written form, other than under regulation 23, 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[16].

Individual identification code
     3. —(1) All references in these Regulations to the "individual identification code" of an animal, other than an animal bearing more than one eartag or tattoo with a number identifying the animal individually, are references to the code on–

(a) the first means of identification attached to the animal in accordance with the Council Regulation; or

(b) the eartag or tattoo by means of which an animal born on or before 9th July 2005 has been individually identified in accordance with these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or another Member state, previous United Kingdom Orders or Regulations or any provision giving effect to the Council Directive in another member State.

(2) In the case of an animal bearing more than one eartag or tattoo with a number identifying the animal individually, the "individual identification code" is the code on–

(i) any eartag or tattoo attached to the animal which bears the letters "UK" and a number identifying the animal individually; or

(ii) the eartag or tattoo identifying the animal individually which was most recently applied, in the case of animals not having the identification referred to in head (i);

(b) in the case of an animal from Northern Ireland, the eartag attached to the left ear of the animal.

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

Authorisations
     5. —(1) Subject to paragraph (2), any authorisations, approvals or permissions issued under the Council Regulation or these Regulations shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

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

PART 2
Application of identification
Baseline eartags: animals born after 9th July 2005
6. —(1) The keeper of an animal born after 9th July 2005 shall comply with Article 4(1) and (2)(a) of the Council Regulation and this regulation.

(2) The period determined for the purposes of Article 4(1) of the Council Regulation is–

(3) For an animal born after 9th July 2005, the individual identification code for the first means of identification ("baseline UK eartag") for the purposes of Section A.2 of the Annex is the following information in the following order:–

Baseline eartags: animals born on or before 9th July 2005
7. —(1) Subject to paragraph (2), the keeper of an animal born on or before 9th July 2005–

(a) which has not moved from its holding of birth, shall apply to the animal before it is moved from that holding a baseline UK eartag;

(b) which is on a holding other than its holding of birth, shall apply to the animal before it is moved from that holding an eartag bearing an individual identification code with the following information in the following order ("baseline S eartag"):–

    (2) Paragraph (1)(b) shall not apply to an animal bearing a means of identification with an individual identification code applied under any provision giving effect to the Council Regulation in England, Wales or Northern Ireland, previous United Kingdom Orders or Regulations or any provision giving effect to the Council Directive in another member State.

Baseline eartags: animals imported from third countries
     8. —(1) The keeper of an animal imported from a third country shall comply with Article 4(1) and (4) of the Council Regulation and this regulation.

    (2) The period determined for the purposes of Article 4(4) of the Council Regulation is 14 days.

    (3) For an animal imported from a third country, the individual identification code for the first means of identification ("baseline F eartag") for the purposes of Section A.2 of the Annex is the following information in the following order:–

(a) the letters "UK";

(b) the flockmark or herdmark of the holding of import;

(c) a unique number; and

(d) the letter "F".

Second means of identification: animals involved in intra Community trade
9. —(1) The keeper of an animal born after 9th July 2005 and involved in intra Community trade shall comply with Article 4(2)(b) of the Council Regulation and this regulation.

(2) The second means of identification to be applied to an animal involved in intra Community trade for the purposes of Section A.4 of the Annex shall be for the purposes of section A4 of the Annex–

(a) an eartag bearing the same individual identification code as that on the identification applied in accordance with Article 4(1) and (2)(b) of the Council Regulation; or

(b) an eartag bearing an individual identification code with the following information in the following order (an "X eartag"):–

(3) The keeper of an animal born on or before 9th July 2005 and involved in intra Community trade shall apply a second means of identification to that animal in the form of–

(a) an eartag bearing the individual identification code on the eartag already attached to the animal; or

(b) an X eartag.

Movement eartags
10. —(1) Subject to paragraph (3)–

(a) the keeper of an animal born after 9th July 2005 which is to be moved from a holding shall comply with the system introduced under Article 4(2)(c) of the Council Regulation (as a replacement for the system of a second means of identification in Article 4(2)(b) of the Council Regulation); and

(b) for the purposes of that replacement system, the identification to be applied to an animal born after 9th July 2005 which is to be moved from a holding shall be an eartag bearing an identification code with the following information in the following order (a "movement eartag"):–

(2) Subject to paragraph (3), the keeper of an animal born on or before 9th July 2005 which is to be moved from a holding shall apply to that animal a movement eartag.

(3) Paragraphs (1) and (2) shall not apply–

(a) to the movement of an animal from a holding at which a baseline UK eartag, a baseline S eartag, a baseline F eartag, an R eartag or a tattoo identifying the animal individually was attached to that animal under the Council Regulation, these Regulations or previous Scottish Orders and Regulations;

(b) to the movement of an animal involved in intra Community trade;

(c) to the movement of an animal which is already marked with 3 eartags under–

(d) to the movement of an animal to or from a show or exhibition;

(e) to the movement of an animal returning to its holding from temporary grazing;

(f) to the movement of an animal returning to its holding from a holding to which it was moved for the purpose of dipping or shearing;

(g) to the movement of a ram or goat to or from a holding to which it is moved for the purpose of breeding;

(h) to the movement of an animal to another holding in the United Kingdom if the keeper at the holding from which the animal is being moved records the individual identification code of that animal in–

(i) to the movement of an animal from a market or slaughterhouse; or

(j) to the movement of an animal from a holding when that animal bears a movement eartag applied under these Regulations or previous Scottish Orders or Regulations as a result of an earlier movement from the holding.

Animals intended for slaughter
11. For the purposes of Article 4(3) of the Council Regulation the identification method in Section A.7 of the Annex shall not be used.

PART 3
Removal and replacement of identification
Removal and replacement of means of identification
     12. —(1) No person shall remove, unless for the purpose of preventing unnecessary pain or suffering to an animal, or replace, any means of identification attached to an animal otherwise than in accordance with Article 4(6) of the Council Regulation.

    (2) Subject to regulation 22(1), any identification which has been removed or lost or become illegible shall be replaced as soon as possible and, in any event, before the animal leaves the holding on which the replacement identification is to be applied.

Replacement eartags
     13. —(1) Subject to regulations 14(1), 16(1) and 22(1), where the individual identification code of an eartag or tattoo which has been removed or lost or become illegible is known, the keeper, other than a slaughterhouse operator, shall apply to the animal a replacement eartag bearing that individual identification code.

    (2) Where the individual identification code of an eartag or tattoo which has been removed or lost or become illegible is not known and–

Replacement tattoos
     14. —(1) Regulation 13 shall not apply where a replacement tattoo is applied to the animal in accordance with paragraph (2) or (3).

    (2) Where the identification code of a tattoo which has been lost or become illegible is known the keeper may apply to the animal a replacement tattoo bearing that identification code.

    (3) Where the identification code of a tattoo which has been lost or become illegible is not known and–

(a) the animal is on its holding of birth, the keeper may apply to the animal a replacement tattoo bearing an individual identification code with the following information in the following order:–

(b) the animal is on a holding other than its holding of birth, the keeper may apply a tattoo with an individual identification code with the following information in the following order (an "R tattoo"):–

Animals involved in intra Community trade
     15. No animal bearing an R eartag, R tattoo or an eartag or tattoo with the letter "R" applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations shall be consigned for intra Community trade.

Replacement of movement eartags
     16. —(1) Regulation 13 shall not apply to the replacement of movement eartags.

    (2) Where the identification code of a movement eartag has been removed or lost or become illegible and the identification code of that eartag is known, the keeper, unless that keeper is a slaughterhouse operator, shall apply to the animal a replacement movement eartag bearing the same identification code as the eartag it is replacing.

PART 4
Documentation and recording of information
Holding registers
17. —(1) The keeper of an animal, other than a person concerned only in transporting animals, shall comply with–

(2) In accordance with Article 5(2) of the Council Regulation and in addition to the requirements of Articles 4(4), second paragraph, 5(1), 5(3) and 5(5) of the Council Regulation–

(3) Any information relating to the movement of an animal or to the replacement of identification that is to be recorded in a register in accordance with the Council Regulation or these Regulations shall be recorded within 36 hours of said movement or replacement.

(4) For the purposes of Article 5(3) of the Council Regulation the register shall be–

    (5) The derogation in Article 5(4) of the Council Regulation does not apply.

Movement documents
     18. —(1) The keeper of an animal shall comply with Article 6 of the Council Regulation and keep and complete the movement document in accordance with this regulation.

    (2) Subject to regulation 23, the movement document shall–

(a) be in the form set out in Schedule 2;

(b) be completed in full by the appropriate keeper, as specified in that form; and

(c) contain, in addition to information meeting the requirements of Section C of the Annex–

    (3) A copy of the movement document shall be kept at the holding from which an animal is moved and at the holding of destination for a period of at least 3 years from the date of the movement it records.

    (4) The derogation in Article 6(4) of the Council Regulation does not apply.

Inventory
     19. For the purposes of Article 7(2) of the Council Regulation, a keeper who keeps animals permanently shall, before 1st February each year, make an inventory of the number of animals on that keeper's holding as at 1st January of that year.

Central database
     20. —(1) In accordance with Article 8(2) of the Council Regulation, the keeper of an animal shall provide to the Scottish Ministers, in such manner and form as they may specify, the information required for the purposes of Articles 7(2) and 8(1) of the Council Regulation–

(a) within 30 days in the case of information relating to the keeper or the holding; and

(b) within 3 days in the case of information relating to movement of animals.

(2) Paragraph (1)(a) shall not apply in respect of information provided to the Scottish Ministers under regulation 3 of the Sheep and Goats Identification (Scotland) Regulations 2000[17].

PART 5
Markets
Traceability
     21. —(1) An operator of a market shall have in place a system to ensure that, at all times that an animal is at the market, the holding from which the animal was moved to the market can be ascertained.

    (2) The system shall provide for the division of animals into batches, each of which shall have allocated to it a lot number which is unique to that batch.

    (3) The operator of the market shall enter the lot number of the last batch to which the animal belonged before leaving the market–

Replacement identification
     22. —(1) Regulations 12(2) and 13 shall not apply to an operator of a market.

    (2) Where the means of identification of an animal on its way to or at a market has been removed or lost or become illegible, the keeper at the holding of destination of that animal shall apply replacement identification to the animal in accordance with regulation 12 or 13 as soon as possible and, in any event, before the animal is moved from that holding.

Electronic movement documents
     23. 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 described in Section C of the Annex and the lot number allocated under regulation 21(2);

(b) contains the address of the holding of destination; and

(c) is printed and signed by the market operator.

PART 6
Eartags
Approved eartags
24. —(1) No eartag shall be applied under the Council Regulation or these Regulations other than an eartag approved by the Scottish Ministers.

(2) For the purpose of paragraph (1) the Scottish Ministers shall only approve eartags which are–

Supplementary information
     25. In accordance with the second paragraph of Section A.2 of the Annex, at the request of a keeper, a manufacturer of approved eartags may add supplementary information to an eartag if the supplementary information is distinct from the identification code and the identification code remains legible at all times.

Red eartags
     26. No person shall attach a red eartag to an animal, other than an R eartag applied under the Council Regulation or these Regulations.

Application of flockmarks and herdmarks
     27. No person shall attach or apply to an animal an eartag or tattoo bearing a flockmark or herdmark, other than for the purpose of complying with the Council Regulation or these Regulations, unless authorised to do so by the Scottish Ministers.

Emergency veterinary treatment
     28. Any provision in the Council Regulation or these Regulations requiring the application of an eartag or tattoo to an animal before it is moved from a holding shall not apply if the movement is for the purpose of emergency veterinary treatment.

Prevention of pain and suffering
     29. Any provision in the Council Regulation or these Regulations requiring the application of an eartag or tattoo to an animal shall not apply where applying the means of identification would cause unnecessary pain or suffering to the animal.

Alteration of eartags etc
     30. No person shall alter, obliterate or deface the information on any eartag or tattoo applied to an animal under–

(a) the Council Regulation;

(b) these Regulations or any provision giving effect to the Council Regulation in England, Wales, or Northern Ireland or another member State;

(c) previous UK Orders or Regulations; or

(d) the Council Directive (in the case of an animal marked in another member State in accordance with that Directive).

PART 7
Miscellaneous
Powers of inspectors
31. —(1) An inspector may, on producing, if required to do so, some duly authenticated document showing the authority of that inspector, enter at all reasonable hours any land or premises (other than premises used only as a dwelling) for the purpose of administering and enforcing the Council Regulation and these Regulations; and in this regulation "premises" includes any vehicle or container.

(2) An inspector may–

Movement restrictions
     32. —(1) An officer of the Scottish Ministers may, by notice in writing served on any keeper of animals on a holding, prohibit or restrict the movement of any animal on to or off that holding, except under the authority of a licence, if the officer is satisfied that it is necessary for the enforcement of the Council Regulation or these Regulations.

    (2) Such notice shall remain in force until withdrawn by a further notice in writing served on the keeper of the animals to which that notice relates.

Obstruction
     33. —(1) No person shall–

(a) intentionally obstruct any person acting in the execution of the Council Regulation or these Regulations;

(b) without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purpose of carrying out the functions of that person under these Regulations; or

(c) furnish to any person acting in the execution of these Regulations any information which that person so furnishing knows to be false or misleading.

(2) Nothing in paragraph 1(b) above shall be construed as requiring any person to answer any question if to do so might incriminate that person.

Offences
34. —(1) Any person who contravenes or fails to comply with–

(a) any provision of regulations 6 to 23, 24(1), 26, 27, 30 or 33; or

(b) any notice issued under regulation 32(1),

shall be guilty of an offence.

    (2) Where an offence under these Regulations which has been committed by a body corporate or partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity (or in the case of a partnership, a partner or a person who was purporting to act as such), that officer or person as well as the body corporate or partnership shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    (3) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (2) shall apply in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.

Penalties
     35. —(1) Subject to paragraph (2), any person found guilty of an offence under regulation 34(1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (2) Any person found guilty of an offence of contravening or failing to comply with regulation 33(1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Enforcement
     36. —(1) Subject to paragraph (2), these Regulations shall be enforced by the local authority.

    (2) The Scottish Ministers may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) shall be discharged by the Scottish Ministers and not by the local authority.

Revocations
     37. The enactments specified in the first column of Schedule 3 to these Regulations are revoked to the extent specified in the corresponding entry in the third column of that Schedule.

ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
23rd February 2006

SCHEDULE 1Regulation 17

HOLDING REGISTER

FLOCK/HERD REGISTER

Address of Holding	Postcode
CPH Number
Flock / Herd Number (of this CPH)
Species (Sheep or Goats)
Type of Production (e.g. milk, meat)
Name of Registered Keeper
Address of Keeper (if different from above)	Postcode

REPLACEMENT TAG RECORD

Date of replacement tag being applied	Replacement tag number	Cross reference with previous mark (if known)	Reason for replacement tag being applied e.g. lost, illegible, welfare	Other management comments

Bold = Compulsory

Italics = Optional

REGISTER FOR CALENDAR YEAR 20_ _

1st January					Total Number of Sheep/Goats (delete as appropriate):				Date
Entered: (must be before 31 January each year)
1	2	3	4	5	6	7	8	9	10
Date of Event	Type of Event Move off (col 5) Move on (col 7) Other events e.g. births, deaths, lost.	Number of sheep or goats involved	Category of Animals e.g. ewes, gimmers, lambs	Moves Off CPH or address of next location. Complete col 6 also See note 1	Name of Haulier and vehicle registration number	Moves On CPH of location that animals arrived from	Lot Number or Individual Number See note 2	Running total of sheep or goats	Other Information

Bold = Compulsory

Italics = Optional

SCHEDULE 2Regulation 18

MOVEMENT DOCUMENT

SHEEP AND GOAT MOVEMENT DOCUMENT
1. DEPARTURE LOCATION – KEEPER ACTION

Return from wintering □

Show move □

DEPARTURE CPH _ _ / _ _ _ / _ _ _ _

FLOCK/HERD UK _ _ _ _ _ _ DEPARTURE DATE ―

(of above)

DEPARTURE ADDRESS

____________________________________________________________

HOME ADDRESS OF KEEPER (if different from above) ______________________________

Number of animals	Sheep or Goats	Other Info (e.g. mngt)	Individual Number (for certain moves only)



Total

DESTINATION CPH _ _ / _ _ _ / _ _ _ _

DESTINATION ADDRESS

&____________________________________________________________

I declare that the above details are correct	Phone Number ______________
Keeper's signature ______________	Print Name ______________

____________________________________________________________________________________________

2. RECEIVING LOCATION – KEEPER ACTION

ARRIVAL DATE ______________	NUMBER RECEIVED ______________
I declare that the above details are correct/as amended (delete as appropriate).
Keeper's signature ______________	Print Name ______________

____________________________________________________________________________________________

3. HAULAGE DETAILS

NAME OF DRIVER ______________	VEHICLE REGISTRATION _______________
HAULAGE COMPANY ______________	PERMIT NUMBER ______________
SMD 2006 Pink – Farm Records Yellow – Receiving Keeper Records White – Forward to SAMU
Sheep & Goat (Identification & Traceability) (Scotland) Regulations 2005 No. 0000001

SCHEDULE 3Regulation 37

REVOCATIONS

Column 1 – enactment	Column 2 – references	Column 3 – extent
The Sheep and Goats Identification (Scotland) Regulations 2000	S.S.I. 2000/418	The whole Regulations.
The Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002	S.S.I. 2002/38	The whole Order.
The Sheep and Goats Identification (Scotland) Amendment Regulations 2002	S.S.I. 2002/39	The whole Regulations.
The Disease Control and Animal Movements (Interim Measures) (Scotland) Amendment Order 2002	S.S.I. 2002/221	Article 4.
The Sheep and Goats Identification (Scotland) Amendment (No. 2) Regulations 2002	S.S.I. 2002/531	The whole Regulations.
The Disease Control (Interim Measures) (Scotland) Amendment Order 2003	S.S.I. 2003/228	The whole Order.