The Sheep and Goats (Records, Identification and Movement) (England) Order 2009
2009 No. 3219
Animals, EnglandAnimal Health
The Sheep and Goats (Records, Identification and Movement) (England) Order 2009
Made 2nd December 2009
Coming into force 31th December 2009
The Secretary of State, in whom the powers conferred by sections 1, 8(1), and 83(2) of the Animal Health Act 19811are now vested2makes the following Order in exercise of those powers.
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 2009;
(b) applies in England; and
(c) comes into force on 31st December 2009.
Interpretation
2.—(1) In this Order—
“animal” means any animal of the ovine or caprine species;
“central point of recording” means a holding approved by the Secretary of State under Section C.2 of the Annex to the Council Regulation for recording the identities of animals arriving at that holding;
“Council Directive 92/102/EEC” means Council Directive 92/102/EECon the identification and registration of animals3;
“the Council Regulation” means Council Regulation (EC) No. 21/2004establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003and Directives 92/102/EECand 64/432/EEC4;
“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;
“identification code” means the code set out on a means of identification as required under this Order or under the previous Orders;
“identification device” means an eartag, electronic eartag, pastern tag, electronic pastern tag or bolus;
“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—
(a) where there is, within the meaning of the Local Government Changes for England Regulations 19945, a unitary authority for a local government area, that authority;
(b) where there is not a unitary authority—
(i) in a metropolitan district, the council of that district;
(ii) in a non-metropolitan county, the council of that county; or
(iii) in each London borough, the council of that borough;
(iv) 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 device or a tattoo;
“method of identification” means an eartag, pastern tag 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;
“the previous Orders” means—
(a) the Sheep and Goats (Registration, Identification and Movement)(England) Order 20076;
(b) the Sheep and Goats (Registration, Identification and Movement)(England) Order 20057;
(c) the Sheep and Goats Identification and Movement (Interim Measures)(England) (No. 2) Order 20028;
(d) the Sheep and Goats Identification and Movement (Interim Measures)(England) Order 20029;
(e) the Sheep and Goats Identification (England) Order 200010;
(f) the Sheep and Goats (Records, Identification and Movement) (Wales) Order 200811;
(g) the Sheep and Goats (Records, Identification and Movement) (Wales) Order 200612;
(h) the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 200213;
(i) the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 200214;
(j) the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 200215;
(k) the Sheep and Goats (Registration, Identification and Movement) Order (Northern Ireland) 200516;
(l) the Identification and Movement of Sheep and Goats Order (Northern Ireland) 200417;
(m) the Identification and Movement of Sheep and Goats Order (Northern Ireland) 199718;
(n) the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 200619;
(o) the Sheep and Goats Movement (Interim Measures) (Scotland) Order 200220; or
(p) the Sheep and Goats Identification (Scotland) Regulations 200021;
“register” means the register required by Article 5 of the Council Regulation;
“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 devices
Approval of identification devices
5. Identification devices used to comply with this Order must be of a model approved by the Secretary of State.
Additional tags and identification devices with additional information
6.—(1) At the request of a keeper, a manufacturer of identification devices may, subject to article 6(2), add supplementary information to an identification device or replacement device provided that—
(a)
(a) the supplementary information is distinct from the identification code; and
(b)
(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.
Colour of identification devices
7.—(1) All electronic identification devices, other than replacement devices and boluses, must be yellow and no keeper may apply a yellow identification device that is not electronic.
(2) No person may attach a red identification device to any animal, other than a replacement identification device.
(3) Where a keeper re-identifies an animal and that animal is not on its holding of birth, or the keeper does not know the holding of birth, they must use a red replacement identification device but the requirement to use a red identification device does not apply to the use of boluses.
(4) Where an animal is identified by means of a bolus and a second identification device that second device must be black and a black identification device may only be used in combination with a bolus.
(5) The characters on all identification devices must be a different colour from the background of the device and must be clearly legible at all times when the device is attached to an animal.
Destruction of identification devices
8.—(1) The operator of a slaughterhouse, knackers yard, hunt kennels or rendering plant and any other person who finally disposes of an identified animal carcass must destroy in a secure manner which prevents reuse all identification devices on animals they slaughter or otherwise dispose of.
(2) Secure destruction includes the rendering of any identification device.
PART 3
Identification of animals not identified before 31 December 2009
Identification of animals not identified before the 31st December 2009
9.—(1) This article applies to—
(a)
(a) sheep born before 31st December 2009 which are not identified before that date and are on their holding of birth;
(b)
(b) sheep born on or after 31st December 2009;
(c)
(c) goats born before 31st December 2009 that are not identified before that date and are on their holding of birth whose keepers chose to identify them electronically; and
(d)
(d) goats born on or after 31st December 2009 whose keepers chose to identify them electronically.
(2) A keeper must comply with Article 4(1) (first paragraph), Article 4(2)(a) and (b) and Article 9(3) of the Council Regulation and this article unless the alternative identification method set out in article 10 is authorised.
(3) For the purpose of Article 4(1) of the Council Regulation, the time limits for identifying an animal are—
(a)
(a) 9 months from the date of birth, in the case of an animal kept in extensive or free range farming conditions; or
(b)
(b) 6 months from the date of birth, in the case of any other animal.
(4) No animal may be identified by the use of a bolus in combination with a tattoo.
(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)
(a) the letters “UK” or, on an electronic identification device, the numbers “826”; and
(b)
(b) a 12 digit number prescribed by the Secretary of State;
and must be identical on the first and second means of identification.
Identification of animals intended for slaughter
10.—(1) For animals intended for slaughter before the age of 12 months and not intended for export, the identification method in...
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