Bovine Animals (Records, Identification and Movement) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/12 |
| Year | 1995 |
1995 No. 12
ANIMALSANIMAL HEALTH
The Bovine Animals (Records, Identification and Movement) Order 1995
Made 6th January 1995
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections, 7(1), 8(1) and 25 of the Animal Health Act 19811and of all other powers enabling them in that behalf, hereby make the following Order:—
Citation, commencement and revocation
1.—(1) This Order may be cited as the Bovine Animals (Records, Identification and Movement) Order 1995 and shall come into force—
(a)
(a) save in relation to article 8(1), on 30th January 1995; and
(b)
(b) in relation to article 8(1), on 1st April 1995.
(2) To the extent provided in Schedule 1 and subject to article 5(6), the Orders specified in that Schedule are hereby revoked.
Interpretation
2.—(1) In this Order, unless the context otherwise requires,—
“the 1990 Order” means the Bovine Animals (Identification, Marking and Breeding Records) Order 19902.
“bovine animal” means a domestic animal of the bovine species (including bubalus bubalis);
“dam” means the female parent of a calf whether or not the calf was the product of an implanted ovum or embryo and excludes a female bovine animal from which the ovum or embryo has been taken;
“dairy herd” means a herd kept for milk production;
“the Directive” means Council Directive 92/102/EECon the identification and registration of animals3to the extent that it applies to animals of the bovine species;
“ear tag number” means the particulars comprised in an ear tag pursuant to article 8(3) or article 9(1);
“EEA State” means a State which is a Contracting Party to the EEA Agreement other than the United Kingdom but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“farm” means any holding on which bovine animals are kept for the purpose of breeding, raising or fattening them;
“herd” means a number of bovine animals which the Minister is satisfied are managed together as a herd;
“herd mark” means the alphanumeric code which is allotted to a herd by the Minister;
“holding” means any establishment, construction, or, in the case of an open-air farm, any place in which bovine animals are held, kept or handled;
“identification number of the holding” means the numeric code which is allotted to the holding by the appropriate Minister;
“market” means a market place or sale-yard or any other premises or place to which animals are brought from other places and exposed for sale; and includes any place adjoining those premises used by visitors to the market for parking vehicles and any lairage adjoining a market and used in connection with it;
“market operator” means the person for the time being responsible for managing the reception or the sale of bovine animals in a market;
“premises” includes land with or without buildings thereon and any market, saleyard, fairground, place of exhibition or lair; and
“slaughterhouse” means, in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouses Act 19744and, in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 19805.
(2) In this Order “ear tag”, save where the context otherwise requires, means an ear tag of a pattern approved by the Minister for the purposes of this Order; and
(a)
(a) in article 5 (other than paragraph (2)(b)) and in articles 10, 12, 14 and 15 references to ear tags include references to ear tags attached in accordance with the provisions of the Directive under the laws of a member State other than the United Kingdom or EEA State; and
(b)
(b) in article 5 (other than paragraph (2)(b)) and in article 14 references to ear tags also include references to identification marks applied to bovine animals in a country outside the United Kingdom otherwise than in accordance with the Directive.
Purpose of Order
3. The purpose of this Order (other than article 6) is to give effect to the Directive.
Records
Notifications of holdings
4.—(1) It shall be the duty of the owner or person in charge of any bovine animals on a holding to notify in writing the Divisional Veterinary Officer for the area in which the holding is situated of—
(a)
(a) the address of the holding;
(b)
(b) the name and address of the owner or occupier of the holding;
(c)
(c) the identification number of the holding (if known to the person giving the notification); and
(d)
(d) the species of any livestock kept on the holding.
(2) In the case of a holding established before this article comes into force,—
(a)
(a) where a request in writing has been sent to the owner or person in charge of any bovine animals on the holding by the Divisional Veterinary Officer before the end of the period ending one month after this article comes into force, that duty shall be complied with within one month after that request is sent to him or within one month after this article comes into force, if later; and
(b)
(b) in any other case, that duty shall be complied with within two months after this article comes into force.
(3) In the case of a holding established after this article comes into force, the duty imposed by paragraph (1) above shall be complied with within one month of the establishment of the holding.
(4) Within one month of any change being made in the notified particulars or of any addition to the information referred to in paragraph (1) above, the owner or person in charge of bovine animals on the holding shall in writing notify the Divisional Veterinary Officer of the change or the addition.
(5) The owner or person in charge of any bovine animal on the holding shall give the notified particulars to an inspector if requested to do so.
(6) In this article “Divisional Veterinary Officer” means the veterinary inspector appointed as such by the Minister for the area in which the holding is situated.
Records of bovine animals
5.—(1) The owner or person in charge of bovine animals on a holding shall make a record in the form set out in Schedule 2, or in a form to the like effect, in respect of—
(a)
(a) each movement of bovine animals to or from the holding;
(b)
(b) the birth or death of a bovine animal on the holding; and
(c)
(c) each change of ownership of bovine animals which takes place at a market or other holding without the animals being moved from the holding.
(2) A record under this article which relates—
(a)
(a) to the movement of an animal shall be made within 36 hours of the movement;
(b)
(b) to the birth of an animal in a dairy herd shall be made within 7 days of the birth;
(c)
(c) to the birth of an animal otherwise than in a dairy herd shall be made within 30 days of the birth;
(d)
(d) to the death of an animal shall be made within 7 days of the death;
(e)
(e) to the replacement of an ear tag shall be made within 36 hours of the replacement.
(3) The owner or person in charge of bovine animals on a holding shall make a record of the number of such animals present on the holding; and the record shall be updated at least annually.
(4) It shall be the duty of the owner or person in charge of any bovine animals to inform in writing—
(a)
(a) the person who, in relation to a market to which they are moved, is the market operator; or
(b)
(b) the owner or person in charge of an assembly centre approved under regulation 5 of the Animals and Animal Products (Import and Export) Regulations 19936to which they are moved,
of the following particulars—
(i)
(i) the ear tag number of each animal;
(ii)
(ii) the date of the movement;
(iii)
(iii) the place from which the movement was made; and
(iv)
(iv) the place to which the movement was made.
(5) The reference in the form set out in Schedule 2 to a dam’s identification mark is to—
(a)
(a) the ear tag number; or
(b)
(b) in the case of a female bovine animal to which an approved identification mark has been applied under the 1990 Order, that mark.
(6) In relation to records of bovine animals on a farm which are made before 1st April 1995 it shall be sufficient compliance with paragraphs (1) to (3) above if the owner or person in charge of the animals makes records in accordance with the Movement of Animals (Records) Order 19607and the 1990 Order; and, notwithstanding article 1(2), those Orders shall have effect accordingly.
Records of calves at markets
6.—(1) No person shall bring a calf to a market unless upon arrival he has furnished the market operator with a written declaration signed by the owner of the calf or his duly authorised agent stating—
(a)
(a) the name and address of the owner of the calf;
(b)
(b) the ear tag number of the calf;
(c)
(c) that the calf has not been brought to a market before or, as the case may be, has been brought to a market only once during the previous 28 days; and
(d)
(d) where the calf has been brought to a market once during the previous 28 days, the address of the market and the date on which the calf was brought there.
(2) Where a calf has been sold, and before its removal from the market, the market operator shall—
(a)
(a) in the case of a sale by auction; and
(b)
(b) upon request made by the purchaser, in the case of a sale by private treaty;
supply to the purchaser of the calf details in writing of—
(i)
(i) the ear tag of the calf;
(ii)
(ii) the date of the sale of the calf and the address of the market at which it was sold; and
(iii)
(iii) where the calf has been brought to a market once within the previous 28 days...
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