Made | 5.10 pm 16th August 2002 | ||
Coming into force | 6th September 2002 |
Article |
1. | Title, extent, commencement and cessation |
2. | Interpretation |
3. | Notification of holdings where sheep or goats are kept |
4. | Sheep Records |
5. | Goat Records |
6. | Marks |
7. | Applying Origin Mark |
8. | Movement from holding of birth |
9. | Movements generally |
10. | Maximum number of marks |
11. | Marking animals from outside the European Union |
12. | Movement documents |
13. | Removal and Replacement of eartags and tattoos |
14. | Application of eartags and tattoos |
15. | Alteration of eartags and tattoos |
16. | Production of records and documents |
17. | Markets |
18. | Enforcement |
19. | Revocation of the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 |
Notification of holdings where sheep or goats are kept
3.
- (1) Where, on or after the relevant date, a person becomes the keeper of any sheep or goat on a holding, he shall, within one month after he begins to keep that animal, notify the Secretary of State in writing -
(2) The keeper shall notify the Secretary of State in writing of any change in the particulars specified in paragraph (1) within one month of such change.
(3) On receiving notification under this article the Secretary of State shall, subject to paragraph (4), allocate in respect of the holding, a flockmark in the case of sheep or a herdmark in the case of goats.
(4) Where the holding is a slaughterhouse or market, the Secretary of State shall allocate a flockmark or herdmark only where she deems it appropriate to do so.
Sheep records
4.
- (1) Any person keeping sheep on a holding (other than an assembly centre, market, show, slaughterhouse or collecting centre) shall record, on or before 31st January in each year, the number of sheep on that holding on 1st January of that year.
(2) Within 36 hours of a sheep being moved onto or off a holding, the keeper shall record -
(d) in the case of a sheep moved onto the holding, the address of the holding from which it came; in the case of a sheep being moved off the holding, the address of the holding to which it is going;
(e) in the case of a sheep moved from a market, the number of the lot to which that sheep was allocated at the market;
(f) in the case of a sheep moved to or from a show, the individual identification number of the sheep together with the Mark which was applied to it at the same time as the individual identification number;
(g) in the case of a sheep being moved to an assembly centre, the individual identification number of the sheep (if more than one, the latest individual identification number applied to it);
(h) in the case of a sheep being moved to a destination outside Great Britain, one of the following marks applied to it -
(i) in the case of a ram that is identified, marked or tagged with an individual identification number for the purposes of article 3(2)(b)(xviii), 3(3)(d), 3(3)(g) or 3(3)(h) of the Disease Control (Interim Measures) (England) (No. 2) Order 2002, that individual identification number of the ram together with the Mark which was applied to it at the same time as that number.
(3) Paragraph 2(c) shall not apply in the case of a sheep -
provided the keeper records the temporary mark applied to the sheep.
(4) In the case of a sheep being sold without being moved onto or off a holding, the vendor shall record, within 36 hours of the sale -
(5) In the case of a sheep marked in accordance with article 11 or re-marked in accordance with article 13(2)(b) or (c), the keeper shall, within 36 hours of marking or re-marking the sheep (as the case may be), record the new sheep flockmark and the previous one, if known.
(6) When a keeper marks a sheep with an X Mark, he shall within 36 hours -
(7) The person making a record under this article shall retain the record for a period of six years.
Goat records
5.
- (1) Any person keeping a goat on a holding (other than an assembly centre, market, show, slaughterhouse or collecting centre) shall record, on or before 31st January in each year, the number of goats on that holding on 1st January of that year.
(2) Within 36 hours of a goat being moved onto or off a holding, the keeper shall record -
(d) in the case of a goat moved onto the holding, the address of the holding from which it came; in the case of a goat being moved off the holding, the address of the holding to which it is going;
(e) in the case of goat moved from a market, the number of the lot to which that goat was allocated at the market;
(f) in the case of a goat moved to a show, the individual identification number of the goat together with the Mark which was applied to it at the same time as the individual identification number; and
(g) in the case of a goat being moved to an assembly centre, the individual identification number of the goat (if more than one, the latest individual identification number applied to it);
(h) in the case of a goat being moved to a destination outside Great Britain, one of the following marks applied to it -
(i) in the case of a goat that is given an individual identification number for the purposes of article 3(2)(b)(xix) or 3(3)(e) of the Disease Control (Interim Measures) (England) (No. 2) Order 2002, that individual identification number of the goat together with the Mark which was applied to it at the same time as that number.
(3) Paragraph 2(c) shall not apply in the case of a goat -
provided the keeper records the temporary mark applied to the goat.
(4) In the case of a goat being sold without being moved onto or off a holding, the vendor shall record, within 36 hours of the sale -
(5) In the case of a goat marked in accordance with article 11 or re-marked in accordance with article 13(2)(b) or (c), the keeper shall, within 36 hours of marking or re-marking the goat (as the case may be), record the new herdmark and the previous one, if known.
(6) When a keeper marks a goat with an X Mark, he shall within 36 hours -
(7) The person making a record under this article shall retain the record for a period of six years.
Marks
6.
- (1) A Mark applied under this Order (save for a temporary mark) shall be applied to the animal's ear by way of an eartag or tattoo.
(2) An eartag shall be -
(3) A tattoo means a tattoo which is legible for the life of the animal.
(4) An F Mark is -
(5) An Origin Mark is -
(6) An R Mark is -
(7) An S Mark is the letter "S" followed by the flockmark or herdmark of the holding on which the animal was kept at the time it was so marked.
(8) An X Mark is the letters "UK" followed by the flockmark or herdmark of the holding from which the animal is to be moved to a destination outside Great Britain, followed by the letter "X".
(9) An "individual identification number" is a number which -
(10) A number shall not fail to be an "individual identification number" by reason only that it is not applied to the same eartag as an Origin Mark, S Mark, F Mark, R Mark or X Mark where -
(11) A temporary mark shall be sufficiently distinctive to be described in the document required under article 12 and shall remain visible to the naked eye until the animal is slaughtered or returns to the holding from which it had been sent to market for the purpose of sale for slaughter or returns to the holding from temporary grazing land.
Applying Origin Mark
7.
- (1) Subject to paragraph (2), the keeper of a sheep or goat born in England on or after the relevant date, or which is still on its holding of birth on that date, shall as soon as possible apply an Origin Mark to that animal.
(2) Paragraph (1) shall not apply in respect of an animal which, before the relevant date, was marked in accordance with article 8(4) or (5) or article 15 of the Sheep and Goats Order 2000.
Movement from holding of birth
8.
- (1) A person shall not move a sheep or goat from its holding of birth unless an Origin Mark is applied to it.
(2) Paragraph (1) shall not apply in the case of -
Movements generally
9.
- (1) Subject to paragraphs (2) to (4) and articles 8 and 10, a person shall not move a sheep or goat unless it is marked with one or more of the following -
(2) Paragraph (1) shall not apply where -
(h) the animal is being moved for the purposes of veterinary treatment, dipping or shearing;
(i) the animal is being moved between premises in a sole occupancy group;
(j) the animal is returning to the holding on which it is kept from land on which the person has a right of grazing in common with other proprietors;
(k) a sheep is marked with a temporary mark and is returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land; or
(l) the animal is being moved from a market, provided the animal was marked in accordance with the requirements of this Order when it was moved on to that market.
(3) An animal shall not be moved to or from a show unless it is marked with an individual identification number together with the Mark which was applied at the same time as the individual identification number.
(4)
(b) Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).
(5)
(b) Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).
Maximum number of marks
10.
- (1) A person shall not apply an S Mark to a sheep or goat which already bears three marks consisting of one or more of the marks described in paragraph (2).
(2) The marks described in this paragraph are -
Marking animals from outside the European Union
11.
- (1) If a sheep or goat is imported on to a holding in England from outside the European Union, within thirty days of arrival at that holding and in any event before it is moved from that holding, the keeper at that holding shall mark it with an F Mark.
(2) Paragraph (1) shall not apply to an animal imported direct to a slaughterhouse, where the animal is slaughtered there within 5 days without having been moved from the slaughterhouse.
Movement documents
12.
- (1) A person shall not move a sheep or goat unless it is accompanied by a document, signed by the owner of the animal or his agent and which specifies -
(2) The document shall also specify -
(b) any temporary mark in the case of an animal -
(c) where an animal is being moved to or from a show, the individual identification number together with the Mark which was applied at the same time as the individual identification number; or
(d) where a ram or goat has been given an individual identification number for the purposes of article 3(2)(b)(xviii), 3(2)(b)(xix), 3(3)(d), 3(3)(e), 3(3)(g) or 3(3)(h) of the Disease Control (Interim Measures) (England) (No. 2) Order 2002, that individual identification number together with the Mark which was applied at the same time as that number.
(3) Paragraph (1) shall not apply in the case of an animal which is being moved -
(4) When the animal arrives at its destination, the person moving the animal shall give the document referred to in paragraph (1) above to the keeper at the holding of destination.
(5) The keeper at the holding of destination shall, within 3 days of the arrival of the animals there, send a copy of the document referred to in paragraph (1) to the local authority for the area in which the holding is situated.
(6) The keeper of a sheep or goat being moved outside Great Britain shall send a copy of the document referred to in paragraph (1) to the local authority for the area in which the premises from which the animals are being moved, are situated.
Removal and replacement of eartags and tattoos
13.
- (1) Except under the authority of an officer of the Secretary of State, a person shall not remove or replace an eartag or a tattoo which has been applied to an animal in accordance with this Order, the Sheep and Goats Order 2000 or the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002[8], unless it has become illegible or in the case of an eartag, is removed for welfare purposes or is lost.
(2) When an Origin Mark, F Mark or R Mark has become illegible, is removed for welfare purposes or is lost, the keeper shall -
and cross-reference the new mark with the original Mark in the record kept under article 4 or 5; or
(c) where the action in neither sub-paragraph (a) nor (b) can be carried out, apply an R Mark.
(3) When an S Mark has become illegible or is lost, the keeper shall, if he knows the details (specified in article 6(7)) that were on that mark, replace it with an identical mark.
(4) Paragraphs (2) and (3) shall not apply in the case of an animal at a market or slaughterhouse.
(5) A person shall not consign any sheep or goat outside Great Britain if it is marked with an eartag or tattoo ending with the letter "R" showing that it is a replacement eartag or tattoo.
Application of eartags and tattoos
14.
-
Alteration of eartags and tattoos
15.
- A person shall not alter, obliterate or deface the information on an eartag or tattoo applied to a sheep or goat under this Order.
Production of records and documents
16.
- Any person in charge of any record or document required to be kept under this Order shall produce it to an inspector on demand (or, if it is kept in electronic form, produce a printout of it) and allow a copy to be made.
Markets
17.
- (1) The operator of the market shall ensure that all sheep and goats are divided into groups of one or more animals immediately upon their arrival at the market, and a lot number is allocated to each group.
(2) No person shall buy or sell a sheep or goat at a market unless he also buys all other animals in the lot to which that sheep or goat belongs.
(3) The operator of a market shall ensure that as soon as a sheep or goat has been sold at the market, the movement document described in article 12 is completed.
(4) No person shall move a sheep or goat from a market other than to the premises identified in the movement record completed in accordance with paragraph (3) above.
(5) The market operator shall ensure that on the day that a sheep or goat is moved from the market, he sends a document substantially in the form set out in the Schedule to this Order, specifying the information described in article 12(1) and (2) to the local authority for the area in which the market is situated.
Enforcement
18.
- Except where otherwise expressly provided, the provisions of this Order shall be executed and enforced by the local authority.
Revocation of the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002
19.
- The Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002[9] is revoked.
Elliot Morley
Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs
Signed: 5.10 pm On: 16th August 2002
Departure: CPH Number Address Postcode (of market premises from which sheep or goats are to be moved) | Destination: CPH Number Address Postcode (of place of destination to which sheep or goats are to be moved) | Date of movement | Number of sheep or goats to be moved | Identification mark in accordance with article 12(2) of the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 | Lot number under which animals sold at market |
A regulatory impact assessment has not been prepared for this Order.
[2] S.I. 2000/1673 to which there are amendments not relevant to this Order.back
[4] S.I. 1995/539 to which there are amendments not relevant to this Order.back
[6] OJ L355 of 5/12/92 p. 0032.back
[7] S.I. 1983/1950. Relevant amending instruments are S.I. 2001/1962, S.I. 2001/2735, S.I. 2001/2841 and S.I. 2001/3140.back
[8] S.I. 2002/240, as amended by S.I. 2002/764 and S.I. 2002/1349.back
[9] S.I. 2002/240, as amended by S.I. 2002/764 and S.I. 2002/1349.back