Statutory Instrument 2002 No. 2153

      The Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002


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STATUTORY INSTRUMENTS


2002 No. 2153

ANIMALS, ENGLAND

ANIMAL HEALTH

The Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002

  Made 5.10 pm 16th August 2002 
  Coming into force 6th September 2002 


ARRANGEMENT OF ARTICLES

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

The Secretary of State, in exercise of the powers conferred on her by sections 1 and 8(1) of the Animal Health Act 1981[
1] and of all other powers enabling her in that behalf, makes the following Order - 

Title, extent, commencement and cessation
     1.  - (1) This Order may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 and extends to England only.

    (2) This Order shall come into force on 6th September 2002 and shall cease to have effect on 1st February 2003.

Interpretation
    
2.  - In this Order - 

    "collecting centre" means premises used for the intermediate reception of animals intended to be moved elsewhere and includes any place used, whether as a market or otherwise, for the sale or trading of animals but only where the animals being sold or traded are intended for immediate slaughter thereafter;

    "CPH Number" means the county parish holding number assigned from time to time to any premises or part of any premises by the Department for Environment, Food and Rural Affairs;

    "flockmark" means the mark allocated to a flock of sheep by the Secretary of State;

    "goat" means a live goat;

    "herdmark" means the mark allocated to a herd of goats by the Secretary of State;

    "holding" means any establishment, construction or, in the case of an open air farm, any place in which sheep or goats are held, kept or handled;

    "keeper" means any person having care and control of sheep or goats, even on a temporary basis but not including any person who is only a keeper because he is transporting the animals;

    "relevant date" means the date on which this Order comes into force;

    "sheep" means a live sheep;

    "the Sheep and Goats Order 2000" means Sheep and Goats Identification (England) Order 2000[3];

    "show" means an occasion at which animals are exhibited but not solely for the purpose of sale;

    "slaughterhouse" has the meaning given in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995[4];

    "sole occupancy group" has the meaning given in article 2 of the Disease Control (Interim Measures) (England) (No. 2) Order 2002[5];

    "temporary grazing land" means land to which sheep are moved for a limited period for the purpose of being fed or pastured but which is not part of the holding where the sheep are usually kept;

    "temporary mark" means a temporary mark in accordance with article 6(11);

    "veterinary treatment" means any treatment or procedure carried out by or under the supervision of a veterinary surgeon; and

    "X Mark" means an X Mark in accordance with article 6(1) and (8).

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 - 

    (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 - 

    (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 - 

    (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)

    (a) A person shall not move an animal to an assembly centre unless that animal is marked in accordance with one or more of the following sub-paragraphs - 

      (i) with an Origin Mark and with an individual identification number;

      (ii) with an S Mark and with an individual identification number;

      (iii) with an F Mark and with an individual identification number; or

      (iv) with a mark applied under the Sheep and Goat Order 2000 and with an individual identification number; and

    (b) Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).

    (5)

    (a) A person shall not move an animal to premises outside Great Britain unless the animal is marked in accordance with one or more of the following sub-paragraphs - 

      (i) with an Origin Mark which includes the letters "UK", and with an individual identification number;

      (ii) with an F Mark which includes the letters "UK", and with an individual identification number; or

      (iii) with an X Mark and an individual identification number which was applied at the same time as the X mark; and

    (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 - 

    (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 - 

    (a) apply an identical Mark;

    (b) apply - 

      (i) where the original Mark was an Origin Mark, a tag with the letters "UK" followed by the flockmark or herdmark of the holding where the animal is kept or a tattoo with the flockmark or herdmark of the holding where the animal is kept;

      (ii) where the original Mark was an F Mark, a tag with the letters "UK" followed by the flockmark or herdmark of the holding where the animal is kept followed by the letter F or a tattoo with the flockmark or herdmark of the holding where the animal is kept followed by the letter F; or

      (iii) where the original Mark was an R Mark, a new R Mark,

    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



SCHEDULE
Article 17


NOTICE OF MOVEMENT FROM MARKET





(Name of market operator sending the notice)

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
                             



EXPLANATORY NOTE

(This note does not form part of the Order)


This Order, which extends to England only and ceases to have effect on 1st February 2003, revokes and substantially remakes, the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 (S.I. 2000/240) (implementing the provisions relating to sheep and goats of the Council Directive 92/102/EEC on the identification and registration of animals (O.J. No. L355, 5.12.92 p.32)).

The main changes this Order makes to the earlier Order are - 

    (a) to amend the date that the Order ceases to have effect (from 1st December 2002 to 1st February 2003) (Article 1);

    (b) to amend the definition of "collecting centre" so as to bring it into line with other related legislation (Article 2);

    (c) to increase the maximum number of tags that can be applied to an animal (Article 10);

    (d) to require a keeper that receives new animals, to notify this fact to the local authority (Article 12); and

    (e) to require keepers to replace lost S Marks provided the detail of the original is known to the keeper (Article 13).

A regulatory impact assessment has not been prepared for this Order.


Notes:

[1] 1981 c. 22. See section 86(1) for the definitions of "the Ministers" and "the Minister". Functions of "the Ministers" so far as exercisable by the Secretaries of State for Scotland and Wales in relation to England, were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back

[2] S.I. 2000/1673 to which there are amendments not relevant to this Order.back

[3] S.I. 2000/2027.back

[4] S.I. 1995/539 to which there are amendments not relevant to this Order.back

[5] S.I. 2002/2152.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



ISBN 0 11 042780 7


 

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Prepared 23 September 2002